Ratio Decidendi



APPRO GHANA LTD
V.
ERIC YAW SARPONG BERKU AND ANOR AND MAVIS FOSUAH AND ISAAC ANKOBEA SARPONG

(2018) JELR 65615 (HC)    
High Court  ·  SUIT NO. RPC 72/2015 ·  8 May 2018 ·  Ghana
CORAM
DR. RICHMOND OSEI-HWERE JUSTICE OF THE HIGH COURT

Ratio Decidendi

Core Terms Beta
interested party
high court
letters of administration
right person
following order of priority
surviving spouse
grant of letters of administration
instant case
surviving children
administrator of the estate
civil procedure
capacity of the parties
surviving child
applicant
order of substitution
debts of the dead person
respondent’s beef
duty of the interested party
application
cause of action
counsel
subject of the letters of administration
rule
interest of the family of the deceased
plaintiff
court
la
complete determination of matters
determining factor
stage of the proceeding
substitution
isaac ankobea sarpong
order
estate
person
capacity
case
stranger
ci
matter of law
place
reason
ca
respondent
dispute
oath
evidence

RULING

OSEI-HWERE J.

This is an application for substitution pursuant to Order 4 rule 6 of the High Court (Civil Procedure) rule 2004, CI 47. The applicant, Mavis Fosuah is praying the court to substitute her for the 2nd defendant herein who is now deceased.

According to the applicant, she has filed this application in her capacity as the customary successor of the 2nd defendant and she is doing so in her desire to protect the interest of the family of the deceased.

The plaintiff is opposed to the application, likewise an interested party, one Isaac Ankobea Sarpong.

The plaintiff/respondent’s beef is that the applicant is not the right person to substitute the 2nd defendant. Counsel for the respondent contends that the interested party who happens to be the biological son of the 2nd defendant herein is the one appointed as the administrator of the estate of the 2nd defendant per the letters of administration exhibited in this court. Counsel submits that where there is conflict as to who sh…

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