ESTATE OF THE LATE ROBERT HABIB HITTI (DECEASED) AND IN THE MATTER OF AN APPLICATION BY GEORGE JAMIL MOUGANIE FOR THE GRANT OF PROBATE AND CAVEATRIX: MIREILLE HITTI

Robert Habib Hitti, a Lebanese businessman residing in Ghana, died in 2001, survived by his spouse Theresa Nahum Rouhana Hitti and three children including Mireille Hitti (appellant). Letters of Administration were granted to the surviving spouse and son in 2001. The spouse died in 1985 leaving her estate to Mireille. Approximately 17 years later, a Last Will and Testament of the deceased was discovered, and the named executor, George Jamil Mouganie (respondent), applied for probate. Mireille filed a caveat and affidavit of interest challenging the probate application. The High Court revoked the earlier Letters of Administration and granted probate to the respondent. The appellant challenged this decision through various applications and appeals, culminating in this Court of Appeal judgment.

BRIGHT MENSAH JA: My Lords, this case which otherwise was a simple an issue touching on, and concerning administration of an estate matter, has had a chequered history. It all started when a Robert Habib Hitti, a Labenese national and businessman but ordinarily resident and doing business here in Ghana, died on or about the 25th day of March 2001. The deceased was survived by his spouse, Theresa Nahum Rouhana Hitti and three (3) children, namely: Alwan Robert Hitti, Caroline Akl and Mireille Hitti (the appellant herein). On record, the surviving spouse together with Alwan Robert Hitti jointly applied for Letters of Administration and were so granted Letters of Administration by the High Court on 20/06/2001 to enable them administer the estate of the deceased. Pursuant to that, the administrators took steps to vest the assets belonging to the deceased here in Ghana, in the beneficiaries. It is noted that some time later, that is to say, on or about 13/11/1985 the surviving sp...