ASIEDUA V. KORANTENG AND OTHERS

APATU-PLANGE J.: On 18 September 1980, the plaintiff herein who claims to be the widow of the late Geofrey Francis Djomoah applied by originating summons for the determination of the following questions:

(1) That by virtue of article 32 (2) of the Constitution, 1979, the plaintiff who is the widow of the deceased is entitled to one-third of the estate of the said Geofrey Francis Djomoah, being a reasonable share of the said estate.

(2) By virtue of the attached regulations of the Presbyterian Church which was subscribed to by the deceased, the plaintiff is entitled to one-third of the estate upon the inventory of the estate of the deceased.

The plaintiff in her application stated clearly that the originating summons has been taken under Order 54, r. 15 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A).

Before this originating summons could be heard, the defendants filed a motion asking this court to strike out the said originating summons as being inappropriate in the circumstan…