In the matter o the Estate 0f Mensah (Deceased) (PA/1232/2022) [2023] GHAHC 385 (18 December 2023)

The parties have failed to agree on who is entitled to the grant of letters of administration. The capacity of the 1st Applicant is in question. It is necessary for entitlement to be determined by writ. Application for removal of caveat is dismissed.

Citation: [2023] GHAHC 385
Parties: 1st Applicant: Lawrence Adja Mensah; 2nd Applicant: Paul Adja Mensah; Caveator (lawful Attorney): Edmond Obodai Mensah
Court: High Court
Jurisdiction: Ghana
Judgment Date: 18 December 2023
Case Number: PA/1232/2022
Procedural Posture: Probate and Administration / Ruling on Application for Removal of Caveat
Outcome: Application for removal of caveat dismissed
Legal Topics: Caveat, Letters of Administration, Entitlement to Grant
Source Language: English

Succession Probate and Administration Caveat Letters of Administration Entitlement to Grant

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2

Parties

Lawrence Adja Mensah

1st Applicant

Paul Adja Mensah

2nd Applicant

Edmond Obodai Mensah

Caveator (lawful Attorney)

Procedural Posture

Probate and Administration / Ruling on Application for Removal of Caveat

Legal Issues

1 Whether the caveat against the grant of letters of administration should be removed
2 Who is entitled to the grant of letters of administration for the estate of the deceased

Ratio Decidendi

Court Disposition

Application for removal of caveat dismissed

Orders

Applicants to issue a writ for determination of entitlement to grant of letters of administration within 14 days
No order as to costs