IN RE ARMAH (DECD.); ARMAH V. ARMAH

LUTTERODT J.: Mr. Wallace Amako Cofie Armah died on or about 25 December 1980. In June 1986, the plaintiff, who is a son of the deceased, applied for the grant of letters of administration in respect of the deceased’s estate. The defendant, his lawful widow, resisted the application by filing a caveat. As the parties could not agree as to who should be entitled to the grant, the court ordered the plaintiff to take out a writ of summons for the determination of who was entitled to the grant of the letters of administration. The plaintiff not merely asked for the relief which is what in reality Order 60, r. 59 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A) requires him to do but tagged on two others which I shall deal with in due course. The defendant also counterclaimed for a grant in her favour or alternatively a joint grant to them both.

I do not, however, think it was necessary or incumbent upon her to counterclaim for any relief. I will give my reason. To appreciate why…