Administration of estates in Ghana case law.

We must therefore allow the appeal. The order appealed from is set aside, including the order as to costs, any costs paid to be refunded. The matter is remitted to the Court below to be dealt with de novo according to Order 60 r.21(2)

NIMOH v. ACHEAMPONG & ANOR [1959] GLR 49 [1959] SLR (CA) 5 · Court of Appeal · 1959 · VAN LARE JA

We think that the Judge’s final order should have followed the language of sub-rule 2 of Rule 21 of Order 60, as the function, of the Judge was “to determine the issue as to who is entitled to a grant of probate or Letters of Administration, as the case may be.” ‘This was an application for a grant of Letters of Administration, and therefore upon determination the Judge should only have declared the respondent to be the person entitled to a grant of Letters of Administration. This in effect means that the respondent will have formally to apply to the Divisional Court for a grant of letters of Administration to him, and he well have to go through the normal formalities.

AMPOFO v. POKU [1959] GLR 6 [1959] SLR (CA) 1 · Court of Appeal · 1959 · VAN LARE AG CJ

In wording his judgment, however, he appeared to have made an order granting letters of administration to the respondent. This he cannot do, as in this action, arising as a result of a summons for directions, the only function of the Court is to determine which party is entitled to a grant as against the other. The successful party in the action may not be anxious, and may deem it unnecessary to apply for letters. The proper order was as follows: “Judgment for the caveator, who is entitled to a grant of letters of administration.”

BOSUMPIM v. BUACHIE [1959] GLR 34 [1959] SLR (CA) 47 · Court of Appeal · 1959 · VAN LARE AG CJ

The law on the devolution of property on the death of a person is a rule of substantive law and not that of procedure so it is determined by the domicile of the deceased foreigner at the time of her death. It appears that the defendants think the issue is procedural hence their contention that once the plaintiffs are suing in Ghana they require letters of administration but that is erroneous. Even under Ghana law, it is not in all instances involving the property of a deceased person that letters of administration or probate are required before a party can sue. For the reasons explained above, the challenge to the capacity of the plaintiffs for failing to obtain letters of administration before proceeding to sue is misconceived and same is rejected.

Florini Luca & Anor v Samir & 2 Ors NO. J4/49/2020 [2021] SLR (SC) 2 · Supreme Court · 2021 · PWAMANG JSC

Caveat in opposition to application for letters of administration, together with an affidavit of interest filed in consequence of warning served upon the caveator, amounts to a counter-claim that, as between the applicant for letters and the caveator, the latter has a better right to the grant of letters. The purpose of Order 16 rule 11 is to secure the determination of all disputes relating to the same subject matter without delay, and without expenses of separate actions.

COLEMAN v. SHANG [1959] GLR 390 [1959] SLR (CA) 48 · Court of Appeal · 1959 · VAN LARE AG CJ

Upon these shares the defendant is proved to be entitled to five-ninths of the estate, i.e. two-ninths for herself, and three-ninths (one-third) for and on behalf of the “family” of her late husband which she represents in this suit. Following the principle that letters of administration are usually granted to the party who is shown to have the largest interest in the property, the defendant is the person who should be declared entitled to grant of letters.

COLEMAN v. SHANG [1959] GLR 390 [1959] SLR (CA) 48 · Court of Appeal · 1959 · VAN LARE AG CJ

The Court was therefore bound under the provision of Order 60 Rule 21(2) to order the applicant to issue a writ of summons against the caveators within a specified period. Instead of proceeding as required by the Rules the learned Judge ordered Letters of Administration to issue jointly to the applicant and the second caveator.

NIMOH v. ACHEAMPONG & ANOR [1959] GLR 49 [1959] SLR (CA) 5 · Court of Appeal · 1959 · VAN LARE JA

By the law of this country the person to whom administration is granted is empowered to collect, get in, and administer the personal property of the deceased. The term “personal property,” as distinguished from "real property,” is a term of art applicable to certain kinds of property, including leasehold interests in land.

NSIAH v. UNION TRADING COMPANY LTD. [1959] GLR 79 [1959] SLR (CA) 12 · Court of Appeal · 1959 · KORSAH CJ