ARCHER J.
The plaintiffs have applied under Order 25, r.4 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N.140A), for an order striking out the statement of defence filed by the defendant and also for entry of judgment in their favour. In considering the application, I have found it necessary not to confine myself to the affidavits filed by both parties but to consider as well the whole of the pleadings so far delivered by the parties.
The facts of the case are very simple and straightforward. There lived in Ghana, one Arthur Joseph Eugene Bucknor who later died in Cape Coast on 19 September 1931, leaving an estate which included both movable and immovable properties. There is no indication that the deceased died testate but there is evidence that his lawful wife, Mrs. Joan Bucknor, at the time of his death was appointed administratrix. There is also evidence that before his marriage to the said administratrix, the deceased had been previously married lawfully under the M…