ADADE V. DADE AND ANOTHER

AMPIAH JA.

This is an appeal from the decision of the High Court, Kumasi, dated 25 May 1987. The plaintiff in that action was the widow of one Anthony Kwabena Kusi of Kumasi who died intestate on 29 April 1984. There were five issues of the marriage. The defendants, a brother and a sister of the late Anthony Kwabena Kusi, applied for letters of administration in respect of the estate of the deceased. The plaintiff caveated; whereupon on 30 July 1984, joint letters of administration were granted to the plaintiff and the defendants. The plaintiff, however, claimed that one of the properties included in the estate, namely a house, Plot 1, Block D16, Nhyiaso, Kumasi had been gifted to her and her children by her late husband before his death. The court granted the letters of administration without prejudice to the right of the plaintiff to take action for the determination of the issue, “whether or not H/No Block D 16, Nhyiaso, Kumasi was gifted to the plaintiff and her children by the dec…