AZU CRABBE J.S.C.
This is an appeal from the decision of the late Owusu J. whereby he declared that the respondent, as the customary successor, was alone entitled to the grant of letters of administration in respect of the estate of the late George Edward William Quansah (hereinafter referred to as the deceased) of Cape Coast, who died intestate at Tema on 20 January 1968.
The proceedings in this case were commenced on 6 August 1968 with the filing in the High Court, Cape Coast, by the respondent of an originating summons under the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A,), Order 54, r. 4 for the determination of the following questions:
“(i) The interpretation of section 48 (1) of the Marriage Ordinance, Cap. 127 (1951 Rev.);
(ii) ‘Whether leaving a widow or husband or any issue of such marriage’ means such marriage contracted under the Ordinance alone or it embraces marriage contracted under customary law.
(iii) If the interpretation of the said section means marr…