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SAMUEL AYIKWEI QUAYE V. DANIEL AYIQUAYE & ANOR.

(2005) JELR 64819 (CA)

Court of Appeal  •  CIVIL APPEAL NO.: HI/229/04  •  25 Feb 2005  •  Ghana

Coram
FARKYE JA [PRESIDING], MRS. ABBAN JA, MARFUL SAU J

Judgement

MARFUL SAU, J

On the 22nd July 2002, the High Court Accra, granted an ex-parte application for Letters of Administration jointly to one Daniel Ayi Quaye and Rejoice Deedei Quaye. Before the Letters of Administration could be issued however, two caveats were filed by Samuel Quaye eldest son of the intestate Madam Favour Amorkor Quaye on the 8th August, 2002 and Emmanuel Okoe Hammond who claimed to be the head of family to which the intestate belonged. The second caveat was filed on the 28th August 2002.

On the 3rd December 2002 the applicants filed a motion ex parte for the removal of the caveat filed by Samuel Ayikwei Quaye. The applicants then followed the ex parte motion with a warning to the caveators which was filed on the 17th December, 2002. The caveators filed their affidavit of interest on the 30th January 2003 and the applicants responded with another affidavit on the 26th February 2003.

The record of proceedings showed that after the affidavits narrated above no process was fil…

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