APPRO GHANA LTD V. ERIC YAW SARPONG BERKU AND ANOR AND MAVIS FOSUAH AND ISAAC ANKOBEA SARPONG

RULING

OSEI-HWERE J.

This is an application for substitution pursuant to Order 4 rule 6 of the High Court (Civil Procedure) rule 2004, CI 47. The applicant, Mavis Fosuah is praying the court to substitute her for the 2^nd defendant herein who is now deceased.

According to the applicant, she has filed this application in her capacity as the customary successor of the 2^nd defendant and she is doing so in her desire to protect the interest of the family of the deceased.

The plaintiff is opposed to the application, likewise an interested party, one Isaac Ankobea Sarpong.

The plaintiff/respondent’s beef is that the applicant is not the right person to substitute the 2^nd defendant. Counsel for the respondent contends that the interested party who happens to be the biological son of the 2^nd defendant herein is the one appointed as the administrator of the estate of the 2^nd defendant per the letters of administration exhibited in this court. Counsel submits that where there is conflict as to who sh…