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NARTEY V. NARTEY AND ANOTHER

(1962) JELR 65027 (HC)

High Court  •  20 Mar 1962  •  Ghana

Coram
OLLENNU J.

Judgement

OLLENNU J.

[His lordship narrated the facts as set out in the headnote and continued:] The local magistrate seemed to have some misgivings about the appointment of a woman, the defendant, to succeed to a deceased male, and also to take charge of family property when there are male members of the family; he therefore ordered that the defendant alone should not administer the estate, and appointed Joseph Akrong Nartey, P.W.3, brother of the deceased jointly with his sister, the defendant, as administrators of the estate real and personal, and directed them to distribute the properties subject-matter of the suit in a particular manner.

The evidence in support of each of the findings of fact made by the local magistrate is overwhelming, even upon the evidence led on behalf of the plaintiff.

The plaintiff and his brothers and sisters have no inherent right which entitles them to succeed to their father as of right even if their father left estate; succession is a matter of election or appoint…

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