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IN RE ASANTE (DECD.); ASANTE AND ANOTHER
V.
OWUSU

(1992) JELR 67454 (CA)

Court of Appeal 2 Apr 1992 Ghana
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- The case involves the death of Major (Rtd.) Kwame Asante, who was married under the Marriage Ordinance, which governs monogamous marriages. - After his death, his wife and son applied for letters of administration to administer his estate

Case Details

Judges:ESSIEM JA, ADJABENG JA, FORSTER J.A.
Counsel:SAM OKUDZETO (WITH HIM AMEGATCHER) FOR THE APPELLANT; D. O. LAMPTEY FOR THE RESPONDENT.
Other Citations:[1992] 1 GLR 119, [1992-93] 2 GBR 452 – 461, (1992) JELR 69412 (CA)

ESSIEM J.A.

The late Major (Rtd.) Kwame Asante died leaving a widow whom he had married under the Marriage Ordinance, Cap. 127 (1951 Rev.). As it is well known the said Ordinance governs monogamous marriages.

It appears from the evidence that the late Major (Rtd.) Asante did not observe the strict monogamous nature of the type of marriage he engaged in because he had issues with other women. One of such women is the respondent in this appeal. After the death of the late Major (Rtd.) Asante his wife Mrs. Letitia Asante and a son, Yaw Asante (an adult), applied ex parte under Order 60 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A) for the grant of letters of administration. The application was granted by the High Court, coram Kyemenu-Caiquo J. The court took notice of the fact that the late Major Kwame Asante was survived by six children who were minors. On 5 February 1991 Mr. D. O. Lamptey as solicitor filed a “notice to prohibit grant of probate or administration” on behalf…

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