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BENG AND ANOTHER
V.
POKU

(1965) JELR 115465 (SC)

Supreme Court 15 Mar 1965 Ghana
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- The case concerned competing claims to letters of administration over the estate of Kofi Beng, with the plaintiff (his son), the first defendant, and the second defendant each asserting entitlement based on different alleged relationships

Case Details

Judges:MILLS-ODOI, JSC OLLENNU, JSC, BRUCE-LYLE JSC
Counsel:Owusu Afriyie for the first appellant, S. A. Gyimah for the second appellant, Osei Bonsu for the respondent.
Other Citations:[1965] GLR 167

JUDGMENT

Ollennu JSC

The proceedings which have culminated in this appeal commenced in the High Court, Kumasi, with an application by the plaintiff, the first appellant herein, for a grant of letters of administration in respect of the estate of his deceased father, Kofi Beng, also known as Okomfo Kofi Beng. Caveat to the said application was first entered by the first defendant, the respondent herein, and later another was entered by the second defendant, the second appellant herein, each of whom claimed to be the proper person entitled to the grant of letters in respect of the estate. After the preliminary proceedings required by the rules of procedure applicable to the High Court in administration matters had been completed and writ of summons issued by the plaintiffs, pleadings were filed, and the matter proceeded to trial.

The plaintiff based his claim upon facts pleaded in paragraphs (2), (3), (5) and (6) of his statement of claim which are as follows:

(2) The deceased, who was ab…

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