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ARTHUR
V.
AYENSU

(1957) JELR 86264 (SC)

Supreme Court 30 May 1957 Ghana
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Case Details

Judges:Adumua-Bossman J.
Counsel:Sekyi for the plaintiff. The defendant appeared in person.
Other Citations:1957 2 WALR 357-360

ADUMUA-BOSSMAN J.

The judgment of the Municipal Court of Cape Coast, confirmed by the Magistrate's Court constituted by the Government Agent, cannot be supported on the grounds expressed by those courts, namely, that it is the administratrix to whom letters of administration have been granted by the Supreme Court (significantly enough, to administer the personal estate only of the deceased) who is the proper person to bring and maintain this action in respect of the self-acquired real property (a house) of the deceased and in respect of which he died intestate.

It is now settled law that a grant of letters of administration does not vest the real estate of the deceased in the administrator or administratrix, and that such real estate devolves, if the deceased be married under the provision of the. Marriage Ordinance, c. 127 of 1951, upon the surviving widow, children and the family of the deceased together as tenants-in-common in certain shares-see Gorleku v. Gorleku (1); but if the de…

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