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IN THE MATTER OF THE ESTATE OF SULEMANA IBUN IDDRISSU (DECEASED) AND IN THE MATTER OF AN APPLICATION BY WINIFRED, AND AMIN ABDUL IDDRISSU FOR THE GRANT OF LETTERS OF ADMINISTRATION. WINIFRED IDDRISSU (APPELLANT) AND LUCKMAN IDDRISSU

(2000) JELR 67031 (CA)

Court of Appeal  •  CIVIL APPEAL NO. 162/99.  •  1 Jun 2000  •  Ghana

Coram
ESSILFIE-BONDZIE J.A. (PRESIDING), ANSAH. J.A., OWUSU-ANSAH J.A.

Judgement

ESSILFIE-BONDZIE, J.A.

On the 1st December, 1998 the appellant Winifred Iddrissu and Amin Abdul Iddrissu applied to the High Court presided over by Mr. Justice W.K. Andah for the grant of Letters of Administration to enable them to administer the estate of Sulemana Ibun Iddrissu deceased, who died intestate on 27th April, 1994 in Accra. The application was brought pursuant to Order 2 rule 6 of the Probate and Administration Rules, 1991, LI.1515 which prescribes the order of priority for the grant of Letters of Administration in respect of the estates of a person who died intestate after the enactment of the Intestate Succession Law, 1985, PNDC LAW 111 on 14th June, 1985. The rule is as follows:—

"Where the deceased died intestate on or after 14th June, 1985. The persons having a beneficial interest in the estate of the deceased shall be entitled to grant of Letters of Administration in the following order of priority" (The emphasis is mine)

(a) The surviving spouse

(b) Surviving children

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