IN RE ARMAH (DECD.); ARMAH
V.
ARMAH

(1989) JELR 65503 (HC)

High Court · 10 Mar 1989 · Ghana

CORAM

LUTTERODT J.

Core Terms ^Beta

court

defendant

law

plaintiff

evidence

case

grant of letters of administration

commencement of this law

additional high court judge

high court

interpretation of statutes

learned justice of appeal

l.n. 140a

main issue

provisions of section

strict interpretation

absence of express agreement

available evidence shows

barnet london borough council

case of this kind need

civil procedure

corporation shows

course of the construction

date of such order

defendant’s claim

english language

evidence of the first defendant witness

facts of the particular case

first exhibit

good practical advice

good sense

greatest respect

important issue of fact

intestate succession law

justice of the english bench

latter gives life

learned trial judge

literal interpretation

lord denning m.r.

modern trend

new building

own assertions

promulgation of p.n.d.c.l.

relevant provisions of p.n.d.c.l.

respect of the deceased

said property

sole purpose

son of the deceased

strict interpretation of this law

such commencement

LUTTERODT J.: Mr. Wallace Amako Cofie Armah died on or about 25 December 1980. In June 1986, the plaintiff, who is a son of the deceased, applied for the grant of letters of administration in respect of the deceased’s estate. The defendant, his lawful widow, resisted the application by filing a caveat. As the parties could not agree as to who should be entitled to the grant, the court ordered the plaintiff to take out a writ of summons for the determination of who was entitled to the grant of the letters of administration. The plaintiff not merely asked for the relief which is what in reality Order 60, r. 59 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A) requires him to do but tagged on two others which I shall deal with in due course. The defendant also counterclaimed for a grant in her favour or alternatively a joint grant to them both.

I do not, however, think it was necessary or incumbent upon her to counterclaim for any relief. I will give my reason. To appreciate why…

IN RE ARMAH (DECD.); ARMAH V. ARMAH

IN RE ARMAH (DECD.); ARMAH
V.
ARMAH