IN RE TORTO (DECD.) ADMINISTRATOR-GENERAL vs. TORTO [1973]DLHC2392

Date	1973-02-01
Suit No.
Citation No.	[1973]DLHC2392

SARKODEE J.

MISS T. AMASSAH STATE ATTORNEY FOR THE APPLICANT.

G.L. DJABANOR FOR THE RESPONDENT.

[1973]DLHC2392
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													<main id="main" class="content" style="min-height: 60rem" >IN RE TORTO (DECD.) ADMINISTRATOR-GENERAL<o:p></o:p>&nbsp;vs. <o:p></o:p>TORTO <o:p></o:p>[HIGH COURT,
ACCRA]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1973]
1 GLR 417<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
1 FEBRUARY 1973.<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">

MISS T. AMASSAH, STATE ATTORNEY, FOR THE
APPLICANT.<o:p></o:p>

G.L. DJABANOR FOR THE RESPONDENT.<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">

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

</div><o:p>&nbsp;</o:p>JUDGMENT OF SARKODEE J.<o:p></o:p>After the
death intestate of Frederick Obodai Torto, his widow applied for letters of
administration for herself and on behalf of her five children. The deceased’s
brother entered a caveat to the application. After necessary documents had been
filed by both parties the application was argued and the High Court presided
over by Anterkyi J. granted the widow’s application; she being in the opinion
of the court the person most entitled to the grant. The caveator then filed an
appeal in the Court of Appeal against that order of the High Court.<o:p></o:p><o:p>&nbsp;</o:p>The
widow, before the notice of appeal was filed, had already taken out letters of
administration on 13 August 1969. On an application of the caveator brought
under section 80 of the Administration of Estates Act, 1961 (Act 63), Coussey
J. then sitting in the High Court, Accra, appointed the Administrator-General
as administrator pendente lite for the estate of the deceased.<o:p></o:p><o:p>&nbsp;</o:p>The
Administrator-General was of the view that since his appointment, the widow of
the deceased made his work difficult because it came to his knowledge that she
had been unlawfully collecting rents from a number of immovable properties
which formed part of the deceased’s estate. To obviate this situation the
Administrator-General caused a letter to be written to the solicitors of the
widow and copied it to the widow requesting them to submit a statement of
account and any cash balance held by them to him. Neither the solicitor nor the
widow replied to the said letter. Meanwhile the widow continued, according to
the Administrator-General, to intermeddle with the deceased’s estate. The widow
did not deny the allegation levelled against her but rather in paragraphs (10)
to (13) of her affidavit in opposition to the Administrator-General’s motion
for interim injunction, challenged the validity of the appointment and gave
instances of her dealings with some of the properties of her late husband’s
estate.<o:p></o:p><o:p>&nbsp;</o:p>The
Administrator-General therefore applied for an order of interim injunction to
restrain the widow, Mrs. Christiana Dede Torto from interfering or in any way
dealing with the properties of the deceased and or an order directing her to
file a statement of account of moneys she had collected from the properties of
the deceased.<o:p></o:p><o:p>&nbsp;</o:p>In
support of the application learned counsel for the Administrator-General
contended that the order appointing the Administrator-General pendente lite was
made after the appeal had been filed; that grounds of appeal were filed after
notice of appeal had been filed and that therefore there were proceedings
pending. Further that the court had jurisdiction to make the order and that in
any event so long as no steps had been taken to set the order aside the
Administrator-General had power to act on the strength of that order and that
even if that order was erroneous this court is not sitting as an appellate
court.<o:p></o:p><o:p>&nbsp;</o:p>Section
80 (1) of the Administration of Estates Act, 1961 (Act 63), under which the
Administrator-General was appointed provides that:<o:p></o:p>