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(1962) JELR 68771 (HC)

High Court  •  22 Jun 1962  •  Ghana



DJABANOR J.: The late Kwabena Appianin of Konongo died intestate on or about the 26th January, 1955. For five or six years after his death the defendant Kwadwo Frimpong was the acknowledged successor of the said intestate and he must have administered his estate since then. But on the 27th October, 1960 James Benson Anane, the plaintiff herein applied to this court for the grant to him of letters of administration of the estate of the said late Appianin. Preliminary application was granted and the usual notices posted. Then one Yaa Atia, purporting to be acting for the defendant herein lodged a caveat. This action is the result of that caveat. I am now to determine as between parties who is the better person entitled to the grant of letters of administration.

The plaintiff’s case is that when Kwabena Appianin died some six or seven years ago, the defendant was appointed the successor to the deceased’s estate. This was in compliance with the request of the deceased —a request that was m…

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