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IN RE AGYEMANG (DECD.); ADDAE
V.
FOSUAH

(1968) JELR 82784 (HC)

High Court 30 May 1968 Ghana
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Case Details

Judges:ANNAN J.
Counsel:Darko for the plaintiff-applicant. Agyepong for the defendant-respondent
Location:Kumasi
Other Citations:[1968] GLR 519 - 528

JUDGEMENT

ANNAN J.

The plaintiff-applicant is the eldest child of Ama Agyemang, the deceased and the granddaughter of the defendant-caveatrix Yaa Fosuah. Ama Agyemang was the daughter of the defendant. Sometime after the death of Ama Agyemang, her daughter, the plaintiff, applied to this court for letters of administration to administer the estate of her mother who died intestate. She filed an affidavit in support of her motion in which she said that she was the customary successor of the deceased and that she was appointed by the unanimous consent of the family. She did not file any affidavit by the head of family to support her statement that she was the person appointed by the family as customary successor. After notices had been filed, the defendant entered a caveat and in her affidavit of interest she stated that after the death of Ama Agyemang, the principal members of her family met and appointed her as the lawful successor to the estate of the deceased. Subsequently an order was…

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