(1989) JELR 65503 (HC)    
High Court  ·  10 Mar 1989 ·  Ghana
Core Terms Beta
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…

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