IN THE MATTER OF THE ESTATE OF SULEMANA IBUN IDDRISSU (DECEASED) AND IN THE MATTER OF AN APPLICATION BY WINIFRED, AND AMIN ABDUL IDDRISSU FOR THE GRANT OF LETTERS OF ADMINISTRATION. WINIFRED IDDRISSU (APPELLANT) AND LUCKMAN IDDRISSU [2000]DLCA6778

IN THE MATTER OF THE ESTATE OF SULEMANA IBUN IDDRISSU (DECEASED) AND IN THE MATT... [2000]DLCA6778

Date	2000-06-01
Suit No.	CIVIL APPEAL NO. 162/99.
Citation No.	[2000]DLCA6778

ESSILFIE-BONDZIE J.A. (PRESIDING)

ANSAH. J.A.

OWUSU-ANSAH J.A.

[2000]DLCA6778
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													<main id="main" class="content" style="min-height: 60rem" >IN THE
MATTER OF THE ESTATE OF SULEMANA IBUN IDDRISSU (DECEASED)<o:p></o:p>AND<o:p></o:p>IN THE
MATTER OF AN APPLICATION BY WINIFRED, AND AMIN ABDUL IDDRISSU FOR THE GRANT OF
LETTERS OF ADMINISTRATION.<o:p></o:p>WINIFRED
IDDRISSU<o:p></o:p>(APPELLANT)<o:p></o:p>AND<o:p></o:p>LUCKMAN
IDDRISSU<o:p></o:p>(RESPONDENT)<o:p></o:p><o:p>&nbsp;</o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">CIVIL
APPEAL NO. 162/99.&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;DATE: 1ST JUNE, 2000<o:p></o:p>

ESSILFIE-BONDZIE J.A. (PRESIDING),
ANSAH. J.A., OWUSU-ANSAH J.A.<o:p></o:p>

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</div>ESSILFIE-BONDZIE,
J.A.: <o:p></o:p>On
the 1st December, 1998 the appellant Winifred Iddrissu and Amin Abdul Iddrissu
applied to the High Court presided over by Mr. Justice W.K. Andah for the grant
of Letters of Administration to enable them to administer the estate of Sulemana
Ibun Iddrissu deceased, who died intestate on 27th April, 1994 in Accra. The
application was brought pursuant to Order 2 rule 6 of the Probate and
Administration Rules, 1991, LI.1515 which prescribes the order of priority for
the grant of Letters of Administration in respect of the estates of a person
who died intestate after the enactment of the Intestate Succession Law, 1985,
PNDC LAW 111 on 14th June, 1985. The rule is as follows:— <o:p></o:p>"Where
the deceased died intestate on or after 14th June, 1985. The persons having a
beneficial interest in the estate of the deceased shall be entitled to grant of
Letters of Administration in the following order of priority" (The
emphasis is mine) <o:p></o:p>(a)
The surviving spouse <o:p></o:p>(b)
Surviving children <o:p></o:p>(c)
Surviving parents <o:p></o:p>(d)
Customary Successor of the deceased. <o:p></o:p>It
is noted that the late Sulemana Ibun Iddrissu, for administration of whose
estate the application was made, died as stated above on 27th April, 1994, that
is after 14th June, 1985, so the application had to be governed by the rule
quoted above. The two who sought the grant of letters of administration were
the appellant who was the surviving Spouse of the deceased and Amin Abdul
Iddrissu, who was one of fourteen children of the deceased who survived him.
The deceased was not, however, survived by any parent nor was any customary
successor appointed. <o:p></o:p>The
record shows that when the application came before the Court on the 1st
December, 1998 it was adjourned to the 8th December, 1998. The record of
proceedings does not indicate whether or not on the 8th December, 1998 the
application did come before the Court. The record however indicates that on the
17th December, 1998 a caveat was filed on behalf of Hajia Adamu Iddrissu,
Iddrissu Sulemana and Luckman Iddrissu against the application for the grant of
Letters of Administration. On the 4th January, 1999 an affidavit of interest
was filed. The said affidavit of interest was sworn by only one of the
Caveators, Luckman Iddrissu, supposedly on his own behalf as well as on behalf
of the two others Hajia Adamu Iddrissu and Iddrissu Sulemana alleged caveators.
<o:p></o:p>In
his affidavit Luckman Iddrissu stated that he is the second eldest child of the
deceased with Iddrissu Sulemana as the eldest child. The affidavit declared
that Hajia Adamu Iddrissu, the first caveatrix is the senior wife of the
deceased. The affidavit went on to say that when he was alive the deceased
married five women and that the appellant was one of them. That the deceased
had 14 children with the five wives, all of whom were alive, except Hajia
Aferuwa Iddrissu. In the said affidavit it was contended that the applicants
for the grant of Letters of Administration are just one of the five spouses and
her child so it would not be in the interest of all the 14 children that a
grant of Letters of Administration be made to only one spouse and her child. In
the affidavit, Luckman denied that the appellant Winifred Iddrissu was the only
surviving spouse of the deceased as she alleged in the affidavit in support for
the application for the grant of the Letters of Administration. <o:p></o:p>Following
the affidavit of interest, a motion on notice was filed on 3rd February, 1999
asking for the grant of Letters of Administration to the two who had made the
earlier application for the grant. The notice also asked fo</main>