JUDGMENT
Mensa Boison J.
In an action at the High Court to determine who was entitled to a grant of letters of administration to the estate of Kofi Afreh, deceased, the caveator, one Yaw Gyamfi since deceased (to be referred to hereafter as the original caveator), lost to the respondent herein. Yaw Gyamfi gave notice of appeal and duly fulfilled the conditions imposed before his death. But before the appeal could be heard he died and one Nana Kwame Akoto (to be referred to as the appellant) was by consent and authority of the family nominated to prosecute the appeal. Accordingly he appeared to have subsequently applied to be and was substituted for the original caveator as appellant. For reasons not manifest on the present documents, the appellant gave notice of discontinuance of the appeal.
The instant application comes from one Kwaku Frimpong (to be referred to as applicant) for an order of this court that he be substituted for the appellant to prosecute the appeal. Leaving aside the …