AKOTO-BAMFO (MRS) JA
Theodore Kwao Ahortor died intestate on the 30th of March 2000. Upon an application by the plaintiffs, Letters of Administration was granted to them. The defendant caveated; when the parties failed to reach an agreement, the learned judge directed that a writ of summons be issued to determine the proper party to whom the grant should be made.
After a full trial the learned Judge delivered himself thus:
"I will let the 1st plaintiff, that is a widow take out the Letters of Administration of the late Ahortor. I will let 2 children of the late Ahotor Herty and Charity take out Letters of Administration jointly with their mother. Then I declare that unlike what the writ of summons said, the defendant also a lawful widow and should take out Letters of Administration jointly with the 3 plaintiffs. She also has a locus in this case and that is taking joint Letters of Administration with the 3 of the plaintiffs."
It is evident that both parties felt aggrieved by the decision…