IN THE MATTER OF THE ESTATE OF ABENA ASUBONTENG LATE vs. IN THE MATTER OF THE GRANT OF LETTERS OF ADMINISTRATION BY AISHA [2018]DLCA6183

IN THE MATTER OF THE ESTATE OF ABENA ASUBONTENG LATE vs. IN THE MATTER OF THE GR... [2018]DLCA6183

Date	2018-11-12
Suit No.	SUIT NO. H1/55/2017
Citation No.	[2018]DLCA6183

ADUAMA OSEI J.A. (PRESIDING)

DZAMEFE J. A.

WELBOURNE (MRS) J. A.

ALFRED AGYEMANG GYIMAH FOR APPLICANT/APPELLANT.

CLEMENT OWUSU SARPONG FOR CLAIMANT/RESPONDENT.

[2018]DLCA6183
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >IN THE MATTER OF THE
ESTATE OF ABENA ASUBONTENG LATE<o:p></o:p>vs.<o:p></o:p>IN THE MATTER OF THE
GRANT OF LETTERS OF ADMINISTRATION BY AISHA<o:p></o:p>[COURT
OF APPEAL, KUMASI]<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">

SUIT NO. H1/55/2017&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; &nbsp;DATE: 12TH
NOV., 2018<o:p></o:p>

CLEMENT
OWUSU SARPONG FOR CLAIMANT/RESPONDENT.<o:p></o:p>

<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>WELBOURNE, JA<o:p></o:p>This
is an appeal from the High Court Kumasidated Monday the 17th day of October,
2016.&nbsp; The Applicant/Appellant filed a
motion on notice for an order to remove the caveat filed by the
Caveator/Respondent, which was preventing her from administering the property
of her deceased mother, Abena Asubonteng.<o:p></o:p>Brief Facts:<o:p></o:p>The
Applicant/Appellant herein who is the daughter and customary successor of the
deceased Madam Abena Asubonteng was granted Letters of Administration on the
23rd day of June, 2015 to enable her administer the estate of the deceased. The
property which formed part of the estate of the deceased was a building
described as H/No. Plot 18, Block1,Adumanu-Kumasi, Kumasi which was inventoried
in the Applicant/Appellant’s motion for grant of Letters of Administration in
the High Court, Kumasi. On the 22nd day of July, 2015, the Caveator/Respondent
caused a caveat to be issued. The Caveator subsequently filed an Affidavit of
Interest on the 19th day of January, 2016. In the affidavit of interest, the Caveator/Respondent
advanced her claim to the property at Adumanu-Kumasi which was inventoried in
the Applicant/Appellant’s motion for grant of Letters of Administration.<o:p></o:p>An
application dated the 24th day of March, 2016 was brought on behalf of the
Applicant/Appellant to the High Court, Kumasi for an order removing the caveat
on the ground that the Affidavit of interest of the Caveator/Respondent did not
raise any issue with the Applicant/Appellant as to her right to administer the
estate of her deceased mother. The Caveator/Respondent filed an affidavit in
opposition on 20th July, 2016 to the Applicant/Appellant’s application and
attached “Exhibits OA2, OA3 and OA4” being a copy of Receipt allegedly executed
by the deceased Madam Abena Asubonteng to the Caveator/Respondent for the sale
of the building at Adumanu-Kumasi, an Allocation Note and Site Plan
respectively, in the name of the Caveator/Respondent in proof of her title to
the property at Adumanu-Kumasi. <o:p></o:p>The
Caveator/Applicant filed a supplementary affidavit inopposition dated the 25th
day of July, 2016 (see page 24 of the ROA) in which he alluded that the sole
purpose of the application for grant of Letters of Administration by the
Applicant/Appellant was to perpetrate fraud against the Caveator/Respondent
when she had caused her son one Khalid Atta (now deceased) to dispose of the
building at Adumanu-Kumasi to the Caveator/Respondent herein. Surprisingly,
none of the documents attached to the Caveator/Respondent’s documents with
regards to her alleged transaction in respect of the building at Adumanu-Kumasi
bear the name of the Applicant/Appellant or the said Khalid Atta.<o:p></o:p>After
the application was heard, the trial Court ruled in favour of the
Caveator/Respondent. Being dissatisfied, the Applicant/Appellant appealed to
this Court against the said ruling, canvassing the following grounds:<o:p></o:p>Grounds Of Appeal:<o:p></o:p>a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; That the Court erred when it held that
the Caveator had demonstrated by the exhibits he attached to his Affidavit in
opposition to the Applicant’s application seeking leave to remove the caveat
issued by the Caveator that he had proved unimpeachable title to the disputed
property when the application called for a determination as to whether the
Applicant, a daughter of the deceased was entitled to a grant of Letters of
Administration.<o:p></o:p>b.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; That the learned judge erred in law
when he held that his predecessor HIS LORDSHIP JUSTICE J. B. BOON wrongly
exercised his discretion to direct the posting of the notices of grant of
Letters of Administration for 14 (fourteen) days instead of 21 (twenty-one)
days as he purported thereby to sit in appeal over the decision of a court of
co-ordinate jurisdiction.<o:p></o:p>c.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; That the learned judge erred in law
when he set aside the grant of Letters of Administration to the Applicant by
his predecessor on the basis that the Caveator had title to the disputed land
when the issue before the Honourbale Court was whether or not the caveat issued
by the Caveator should be removed.<o:p></o:p>d.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; That the ruling is against the weight
of evidence on record.<o:p></o:p>In
this appeal, the Applicant/Appellant is hereinafter referred to as the
Appellant, the Caveator/Respondent is hereinafter referred to as the
Respondent, the House No. Plot 18 Block 1, Adumanu-Kumasi, is hereinafter
referred to as the Property and the Record of Appeal is hereinafter referred to
as the ROA.<o:p></o:p>CONSIDERATION: <o:p></o:p>The
auth</main>