ANANE vs. FRIMPONG [1962]DLHC1349

Date	1962-06-22
Suit No.
Citation No.	[1962]DLHC1349

DJABANOR J.

N. Y. B. ADADE FOR THE PLAINTIFF-APPLICANT.

ENOCH EDUSEI FOR THE DEFENDANT-RESPONDENT.

[1962]DLHC1349
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">ANANE<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">&nbsp;vs. <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">FRIMPONG<o:p></o:p><span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">&nbsp;[HIGH COURT, KUMASI]<o:p></o:p>[1962] 1 GLR 479<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

DATE:<span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0"> 22ND JUNE, 1962.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

N.
Y. B. ADADE FOR THE PLAINTIFF-APPLICANT.<o:p></o:p>

ENOCH
EDUSEI FOR THE DEFENDANT-RESPONDENT.<o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

DJABANOR J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF
DJABANOR J.<o:p></o:p>The late Kwabena Appianin of Konongo died intestate on or about
the 26th January, 1955. For five or six years after his death the defendant
Kwadwo Frimpong was the acknowledged successor of the said intestate and he
must have administered his estate since then. But on the 27th October, 1960
James Benson Anane, the plaintiff herein applied to this court for the grant to
him of letters of administration of the estate of the said late Appianin.
Preliminary application was granted and the usual notices posted. Then one Yaa
Atia, purporting to be acting for the defendant herein lodged a caveat. This
action is the result of that caveat. I am now to determine as between parties
who is the better person entitled to the grant of letters of administration.<o:p></o:p><o:p>&nbsp;</o:p>The plaintiff’s case is that when Kwabena Appianin died some six
or seven years ago, the defendant was appointed the successor to the deceased’s
estate. This was in compliance with the request of the deceased —a request that
was made known to the members of his family at a meeting held for the purpose
before the old man died. (Whenever hereafter I use the term “old man”, I shall
be referring to late Appianin.) When the old man died therefore the family
agreed to the taking over by the defendant of the old man’s properties,
including a house No. N.U. 43 Konongo and a cocoa farm at a place called
Bobiri-agya. It is, furthermore, the plaintiff’s case that within a few years,
the defendant proved himself quite incapable of shouldering the
responsibilities of his new office to the satisfaction of the family, and that
at a family meeting held in October, 1960, the defendant was customarily
deposed as successor and consequently he lost the privilege of administering
the estate of the deceased. At that October meeting, continued the plaintiff,
when the defendant was deposed, he himself was appointed the successor to the
deceased in the place of the defendant. Both he and defendant are the
grandchildren of the deceased. He, the plaintiff, is the older. The plaintiff
also said that he is more responsible more experienced and definitely more
entitled and qualified to be granted letters of administration in this estate,
than the defendant who has proved himself unfit, selfish and inexperienced.<o:p></o:p><o:p>&nbsp;</o:p>The defendant’s defence to this claim is that before the old man’s
death all the members of the family including the plaintiff met and the old man
made a gift of all his properties, except a few personal items, to him, the
defendant, and that the family had no objection and he accepted the gift and
paid aseda. The defendant claims, furthermore, that at that meeting a decision
was taken at the suggestion of the old man that the defendant be appointed head
of family and successor to the said old man. He denied that he had been deposed
as successor or head of family or that the plaintiff had been appointed in his
place. He claims that he is still the successor to the old man and the person
most entitled to the grant of letters of administration.<o:p></o:p><o:p>&nbsp;</o:p>The first issue, as I see it, that I have to resolve is whether or
not the defendant was customarily deposed as successor and the plaintiff
appointed in his place.<o:p></o:p>For the moment I shall not concern myself directly with what
transpired at the meeting before the old man’s death; for whatever happened
then it has been conceded by both parties that the defendant was acknowledged
as the successor to the old man and that he acted as such for some five or six
years. It is established that the deposition as well as the appointment of a
successor should be made by all the principal elders of the family at a family
meeting. It is therefore important to know who the principal elders of this
family are and whether they were present at and concurred with the proceedings
and the result. It is the plaintiff’s case that Kwame Anin is the present head
of the family and that Kwame Adade is the occupant of the family stool. These
elders gave evidence, admitting that they held their respective positions in
the family at all times relevant to this case. The defendant denied that they
held these offices in the family. Kyeame A</main>