Republic Vrs High Court, Accra, Ex-parte Hitti and Others [2019] GHASC 3 (17 January 2019)

Republic Vrs High Court, Accra, Ex-parte Hitti and Others [2019] GHASC 3 (17 January 2019)

The Supreme Court held that the applicant, as a beneficiary, was not a necessary party to the action for revocation of letters of administration, which properly lay against the administrators. The discovery of a will after the grant of letters of administration justified revocation under the Administration of Estates Act. There was no breach of natural justice as the applicant was not entitled to be heard in the revocation proceedings. The application for certiorari was therefore dismissed.

Citation
[2019] GHASC 3
Parties
Applicant: Mireilli Hitti; Respondent: High Court, Accra; Interested Party: George Jamil Mouganie; Interested Party: Caroline Akl; Interested Party: Alwan Robert Hitti
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
17 January 2019
Procedural Posture
Civil Motion (judicial Review Certiorari) / Ruling on Application for Certiorari
Outcome
Application for certiorari dismissed.
Legal Topics
Revocation of Letters of Administration, Natural Justice, Right to Be Heard, Probate and Administration, Supervisory Jurisdiction
Source Language
English
Succession Law Civil Procedure Judicial Review Revocation of Letters of Administration Natural Justice Right to Be Heard Probate and Administration Supervisory Jurisdiction

Case Brief

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Parties

Mireilli Hitti

Applicant

High Court, Accra

Respondent

George Jamil Mouganie

Interested Party

Caroline Akl

Interested Party

Alwan Robert Hitti

Interested Party

Procedural Posture

Civil Motion (judicial Review Certiorari) / Ruling on Application for Certiorari

Legal Issues

  1. 1 Whether the applicant was denied the right to be heard before revocation of letters of administration
  2. 2 Whether the interested parties misled the High Court and breached natural justice by not notifying the applicant
  3. 3 Whether the revocation of letters of administration after discovery of a will was proper

Ratio Decidendi

The Supreme Court held that the applicant, as a beneficiary, was not a necessary party to the action for revocation of letters of administration, which properly lay against the administrators. The discovery of a will after the grant of letters of administration justified revocation under the Administration of Estates Act. There was no breach of natural justice as the applicant was not entitled to be heard in the revocation proceedings. The application for certiorari was therefore dismissed.

Court Disposition

Application for certiorari dismissed.