JUDGMENT BY ANIN J. A.
Bart Kojo Plange died intestate on 16 May 1964 at Accra, leaving behind a widow (the plaintiff-appellant herein) whom he married firstly under customary law in 1949 and subsequently under the Marriage Ordinance, Cap. 127 (1951 Rev.), on 4 December 1954. Upon his death, the plaintiff applied to the court below for letters of administration to administer his estate. The defendant, a brother of the whole blood to the deceased, entered a caveat to the plaintiff’s application and filed his affidavit of interest. As the parties could not agree on the proper person to whom letters of administration should be granted, the plaintiff, pursuant to the court’s order made under Order 60, r. 21 (2) of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), instituted this action. The co-defendant (a full sister of the deceased) was later joined upon her own application.
In her statement of claim, the plaintiff disclosed that prior to their wedding in 1954 she and her husband …