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IN RE ESSUMAN (DECD.); ESSUMAN AND ANOTHER
V.
TESCHMAKER

(1967) JELR 67791 (CA)

Court of Appeal 22 May 1967 Ghana
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- The Court of Appeal held that entitlement to letters of administration should follow the party with the largest interest in the estate, aggregating the shares of the children and family as one unit under section 48 of the Marriage Ordinan

Case Details

Judges:AZU CRABBE JA,OLLENNU JA,APALOO J.A.
Counsel:B. J. DA ROCHA (ENIN WITH HIM) FOR THE APPELLANT; HAYFRON-BENJAMIN JNR. FOR THE RESPONDENT.

AZU CRABBE J.A.: The proceedings in this case were commenced with an application ex parte filed by the plaintiffs in the High Court, Sekondi, for conditional grant of letters of administration to them jointly in respect of the estate of Joseph Annu—Essuman, deceased, who died at Elmina on 18 June 1960. The application was granted on 22 May 1961, but on 1 June 1961, a caveat was entered by the defendant, who claimed to be the widow of the late Joseph Annu — Essuman, opposing the grant of letters of administration to the plaintiffs. On 10 November 1961, the plaintiffs filed a motion on notice praying for an order granting to them jointly letters of administration and in their affidavit accompanying the motion paper they disputed that the caveatrix, the defendant, had any interest whatsoever, either by native customary law or under English law, in the estate of the late Joseph Annu-Essuman. These proceedings were before Charles J. and were headed as follows:

“Re estate of Joseph Annu-Essu…

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