IN RE TANDOH (DECD.); DIMSON vs. KUMAH [1967]DLHC1506

Date	1967-02-14
Suit No.
Citation No.	[1967]DLHC1506

EDUSEI J.

AKIWUMI FOR THE APPLICANT.

ASAMOAH FOR THE RESPONDENT.

[1967]DLHC1506
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													<main id="main" class="content" style="min-height: 60rem" >IN RE TANDOH (DECD.); DIMSON <o:p></o:p>vs. <o:p></o:p>KUMAH <o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p>[1967] GLR 54<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
14 FEBRUARY
1967.<o:p></o:p>

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

AKIWUMI FOR THE APPLICANT.<o:p></o:p>

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

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

</div><o:p>&nbsp;</o:p>JUDGMENT OF EDUSEI J.<o:p></o:p>The
second caveatrix, Miss Christiana Darkua Dimson, has applied to this court
under section 19 of the Administration of Estates Act, 1961 (Act 63), for the
appointment of the Administrator-General to collect and take possession of the
assets comprised in the estate of Albert Adusa Tandoh who died on 28 April
1966. On 22 June 1966, this court granted the application for letters of
administration to one Kwame Kumah but on 11 July 1966 the first caveatrix
caveated, and on 5 August 1966 the second caveatrix also put in a caveat. The
first caveatrix took the side of the second caveatrix and filed an affidavit
supporting the application of the second caveatrix that the
Administrator-General be appointed to assume control of the assets of the
deceased and to dispose of them according to the directions of the court and
failing such directions, to the provisions of Act 63.<o:p></o:p>Section
19 (1) of the Administration of Estates Act, 1961 (Act 63), reads as follows:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“19. (1)
Whenever<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(a) any
person dies leaving assets in Ghana and the court is not satisfied that there
is any person immediately available who is legally entitled to succession to
the assets, or that danger is to be apprehended of misappropriation,
deterioration, or waste of the assets before the succession thereto can be
determined, or whether the Administrator-General is entitled to a grant of
probate or of letters of administration of the estate of the deceased in
respect thereof; or <o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(b) the
agent in charge of any assets in Ghana belonging to any person not residing in
Ghana or belonging to a company not incorporated in Ghana dies without leaving
any responsible person in charge thereof, the court may, upon the application
of the Administrator-General or any person interested in the assets or in the
due administration thereof, direct the Administrator-General to collect and
take possession of the assets and to hold, possess, realise, and dispose of
them according to the direction of the court, and in default of any such
directions, to the provisions of this Act so far as applicable to the assets.”<o:p></o:p><o:p>&nbsp;</o:p>The issue
in this application is a simple one: in what circumstances can the court
appoint the Administrator-General to take control of the estate of a deceased
person? I am of the opinion that the answer can be found in section 19 (1) (a).
In that subsection (1) (a) of section 19 if one of the three conditions does
exist an application such as the instant one may succeed. The first condition
is that there is no person immediately available who is legally entitled to succession
to the estate; the second prerequisite is that danger is to be apprehended of
misappropriation, deterioration or waste of the assets before the succession
thereto can be determined; and the third condition is whether the
Administrator-General is entitled to a grant of probate or letters of
administration of the estate f the deceased in respect thereof. For the
purposes of this application section 19 (1) (b) does not come into play and the
court will have to concern itself with section 19 (1) (a). There can be no
doubt that there is immediately available a successor appointed by the family
of the deceased to apply for a grant of letters of administration and in fact
such a successor in the person of Kwame Kumah did apply on 22 June 1966. When
someone dies intestate his property becomes family property and the question of
appointment of a successor to that estate is a prerogative of the family of the
deceased. This is trite law and there are numerous authorities on this point so
that it will simply be an affront to the legal intelligence of the bar for me
to cite authorities on so well-known and so well-established a principle of
law. The second prerequisite does not call for any treatment in view of my
finding that a successor has been appointed by the family of the deceased. He
has in fact applied for a grant of letters of administration and the
application has been granted. What remains now to be done is the issue of the
letters of administration which has been suspended as a result of the caveats
filed by Miss Felicia Konadu and Miss Christiana Darkua Dimson. The third
condition in section 19 (1) (a) is whether the Administrator-General is
entitled to a grant of probate or letters of administration of the estate of
the deceased. In what circumstances can it be said that the
Administrator-General is entitled to a grant of letters of administration? I
would answer by saying that he will be so entitled if he becomes aware of an
estate that is unrepresented or of such circumstances as are envisaged in section
19 (1) (b). These examples are not exhaustive and there may be other
circumstances that may warrant his appointment.<o:p></o:p>The
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