BAIDOO J.: The plaintiff applied to this court for letters of administration to administer the estate of her deceased brother, Opanyin Yaw Koramoah, who died intestate at Amanfupong on 18 August 1969. The defendant, a nephew of the deceased, filed a caveat and as the parties could not agree on who should administer the estate the court, acting under Order 60, r. 21 (b) of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), ordered the applicant to issue the summons herein against the caveator. The plaintiff is therefore claiming in this action “a declaration that she is the proper person entitled to succeed to Opanyin Yaw Koramoah (deceased) and to take out letters of administration for the administration of the estate of the said deceased.”
The plaintiff’s case as pleaded in the statement of claim was as follows:
“(1) The plaintiff is a farmer of Amanfupong as well as the defendant.
(2) Parties belong to the same family.
(3) The deceased had two sisters: a deceased one,…