OWUSU-ADDO J.
The brief introductory facts of this case are that after the death of one Francis Wiredu at Mamponteng in 1965 the plaintiff, his maternal first cousin, was appointed his customary successor. He applied for letters of administration in 1978 to administer the deceased’s estate. Attached to the application was the usual inventory of the deceased’s properties including an estate house No. K.39, South Suntreso.
A caveat was entered by the defendant who contended that the estate house was not one of the deceased’s properties but his (defendant’s) property. His reasons being that he approached the deceased to use his influence to obtain an estate house for him but it was agreed between him and the deceased that the deceased’s name would appear in the State Housing Corporation’s books as tenant. The deceased was therefore his nominee whilst he was the real owner of the estate house.
On 8 May 1978 the defendant’s application for letters of administration, No. 169/78, was placed be…