IN RE KORANTENG-ADDOW (DECD); KORANTENG-ADDOW vs. ADDOW [1991]DLHC2031

Date	1991-09-10
Suit No.
Citation No.	[1991]DLHC2031

OMARI - SASU J.

BLAY FOR THE APPLICANT.

OSEI-NYAME FOR THE CAVEATOR.

[1991]DLHC2031
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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">IN RE KORANTENG-ADDOW (DECD); KORANTENG-ADDOW<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">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">ADDOW<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p>[1992] 1 GLR 370<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">

<p class="MsoNormal" align="right" style="margin-bottom:5.0pt;text-align:right;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">Date: 10
SEPTEMBER 1991<o:p></o:p>

</div>COUNSEL:<o:p></o:p>BLAY FOR THE APPLICANT.<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">

OSEI-NYAME FOR THE CAVEATOR.
<o:p></o:p>

OMARI - SASU J. <o:p></o:p>

</div>JUDGMENT OF OMARI-SASU J.<o:p></o:p>This is a summary determination of who is entitled to grant of
letters of administration to administer the estate of Dr. Gustav
Koranteng-Addow (Decd.) pursuant to Order 2(14) of the Probate and
Administration Rules, 1991 (L.I. 1515).<o:p></o:p>The applicant is a son of the deceased intestate and the caveator
is a paternal brother of the deceased. From the records of the court the
applicant originally made an application with one Captain Joshua Michael Mireku
Agyekum for joint letters of administration on 12 September 1988, but when the
application was called on 11 October 1988 both applicants were absent and their
counsel, Miss Naana Nketia, prayed for an adjournment. The application was thus
adjourned to 17 October 1988. On this date the two applicants were again
absent. Their counsel then prayed for the withdrawal of the application with
liberty to come back and the application for withdrawal was granted.<o:p></o:p>Subsequently, the applicant came back but this time he came alone
and prayed for the grant to him of letters of administration. His application
was granted but before the letters of administration could be issued, the
caveator, Mr. Augustus Sono Addow and Mr. Reynolds Simeon Mfodwo Koranteng, had
made a different application for grant for them of letters of administration to
administer the same estate. The caveator was subsequently warned to file an
affidavit of interest after which the applicant was formally asked to move this
court on notice for a grant of letters of administration, which application has
been opposed by the caveator.<o:p></o:p>Before determining who is entitled to a grant of letters of
administration it is necessary to ascertain all those who have an interest in
the estate of the deceased and whether the applicant is the sole surviving
child of the deceased. The contention of the applicant is that the caveator is
only a paternal brother of the deceased intestate and as the deceased was a
citizen of Akropong-Akwapim, a matrilineal community, the caveator who is a
citizen of Abetifi in Kwahu has no locus standi in the matter. Further, the
applicant contends he is the sole surviving child of the deceased and that
three other persons named by the caveator as (i) Mrs. Isabella Mintah; (ii)
Susan Koranteng-Addow; and (iii) Nana Amma Ofosua Koranteng-Addow were not
children of the deceased. The caveator on his part says after the funeral rites
of the deceased had been performed the customary family of the deceased held a
meeting at which he the caveator and one other were appointed customary
successors and were empowered to apply for letters of administration. It is
also the case of the caveator that the three women named herein are also
surviving children of the deceased intestate.<o:p></o:p>The first question I must answer is, who from the surviving
relations of the deceased intestate have an interest in the estate of the
deceased? From the undisputed facts gleaned from the affidavits of the
contestants the deceased was a widower survived by a child or children and his
customary family. His mother was from Akropong-Akwapim but his father hailed from
Abetifi in Kwahu. Sections 3-7 of the Intestate Succession Law, 1985
(P.N.D.C.L. 111) indicate the interests different relations of a deceased
intestate have in the estate of a deceased and section 10(b) of the same
enactment provides that:<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">“10. Where the rules of succession under customary law applicable
to any portion of the estate provide that the family of the intestate shall be
entitled to a share in the estate:—. . <o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:1.0in;text-align:justify;mso-pagination:none;border:none;
mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(b) in the case of an
intestate who, being a member of two customary law communities belonged to two
families for the purposes of succession, that family shall be the two
families.”<o:p></o:p>For our purpose, it follows that the customary family of the
deceased intestate means the combined families of the deceased from
Akropong-Akwapim and Abetifi-Kwahu. It is interesting to note that these two
families constituting the “customary family” of the deceased met and appointed
both the caveator (from Abetifi) and Mr. Mfodwo Koranteng (from Akropong) to
represent the customary family of the deceased in the application for letters
of administration.<o:p></o:p>A close look at section 7 of P.N.D.C.L. 111 shows that the
relations of the deceas</main>