ESSILFIE AND ANOTHER V. QUARCOO

LUTTERODT J.

Theophillia Alaba Codjoe died intestate on 28 November 1986. When the plaintiffs applied for a grant of letters of administration to administer her estate the defendant caveated. Because the parties could not come to an agreement between themselves as to the person or persons to whom a grant ought to be made, the plaintiffs were ordered to take out a writ for a determination of the usual question in cases of this kind, i.e. as to who is better entitled to a grant.

The plaintiffs herein base their claim for that relief and also for other consequential reliefs on the following:

(1). That they are the mother and head of the immediate family, and sister and customary successor to the deceased person.

(2). That the whole of the deceased’s estate devolves on them.

(3). That the defendant being the deceased’s concubine has no interest whatsoever in the estate.

The defendant on the other hand contends that:

(1) He was the husband of the deceased and that the two of them were married und…