IN RE ASANTE (DECD.); ASANTE AND ANOTHER V. OWUSU

ESSIEM J.A.

The late Major (Rtd.) Kwame Asante died leaving a widow whom he had married under the Marriage Ordinance, Cap. 127 (1951 Rev.). As it is well known the said Ordinance governs monogamous marriages.

It appears from the evidence that the late Major (Rtd.) Asante did not observe the strict monogamous nature of the type of marriage he engaged in because he had issues with other women. One of such women is the respondent in this appeal. After the death of the late Major (Rtd.) Asante his wife Mrs. Letitia Asante and a son, Yaw Asante (an adult), applied ex parte under Order 60 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A) for the grant of letters of administration. The application was granted by the High Court, coram Kyemenu-Caiquo J. The court took notice of the fact that the late Major Kwame Asante was survived by six children who were minors. On 5 February 1991 Mr. D. O. Lamptey as solicitor filed a “notice to prohibit grant of probate or administration” on behalf…