IN RE TORTO (DECD.) ADMINISTRATOR-GENERAL V. TORTO

SARKODEE J.: After the death intestate of Frederick Obodai Torto, his widow applied for letters of administration for herself and on behalf of her five children. The deceased’s brother entered a caveat to the application. After necessary documents had been filed by both parties the application was argued and the High Court presided over by Anterkyi J. granted the widow’s application; she being in the opinion of the court the person most entitled to the grant. The caveator then filed an appeal in the Court of Appeal against that order of the High Court.

The widow, before the notice of appeal was filed, had already taken out letters of administration on 13 August 1969. On an application of the caveator brought under section 80 of the Administration of Estates Act, 1961 (Act 63), Coussey J. then sitting in the High Court, Accra, appointed the Administrator-General as administrator pendente lite for the estate of the deceased.

The Administrator-General was of the view that since his appoint…