POLLEY AND 2 OTHERS VRS ADJOBA AND ANOTHER (E1/68/16) [2022] GHAHC 144 (26 October 2022)

POLLEY AND 2 OTHERS VRS ADJOBA AND ANOTHER (E1/68/16) [2022] GHAHC 144 (26 October 2022)

The chain of representation was broken when Ackah Manralah died intestate, invalidating the 1st defendant's appointment as administrator of the estate of Amihere Agyiliha. The 1st defendant, as customary successor, was not a personal representative and could not lawfully obtain Letters of Administration with Will annexed. Delegation of administration to the 2nd defendant was impermissible. The procedural objection regarding citation was raised too late and was an irregularity, not a nullity. The Letters of Administration granted to the 1st defendant are revoked; defendants are restrained from further dealings with the estate.

Citation
[2022] GHAHC 144
Parties
1st Plaintiff: Mrs. Agnes Agyilliha Polley (suing per her lawful attorney Macmillan Nyameke Adulley); 2nd Plaintiff: Madam Elizabeth Tannueh; 3rd Plaintiff: Madam Ekua Ehyiah; 1st Defendant: Nyamekeh Adjoba; 2nd Defendant: Emmanuel Assouan Nyami
Court
High Court
Jurisdiction
Ghana
Judgment Date
26 October 2022
Case Number
E1/68/16
Procedural Posture
Probate/administration of Estates / Final Judgment
Outcome
Plaintiffs' claim partially allowed; Letters of Administration with Will annexed granted to the 1st defendant revoked; defendants restrained from dealing with the estate; counterclaim dismissed.
Legal Topics
Revocation of Letters of Administration, Chain of Representation, Delegation of Authority by Administrator, Customary Successor Vs Personal Representative, Jurisdictional Objection, Intermeddling
Source Language
English
Succession Probate Trusts and Estates Revocation of Letters of Administration Chain of Representation Delegation of Authority by Administrator Customary Successor Vs Personal Representative Jurisdictional Objection +1 more

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Parties

Mrs. Agnes Agyilliha Polley (suing per her lawful attorney Macmillan Nyameke Adulley)

1st Plaintiff

Madam Elizabeth Tannueh

2nd Plaintiff

Madam Ekua Ehyiah

3rd Plaintiff

Nyamekeh Adjoba

1st Defendant

Emmanuel Assouan Nyami

2nd Defendant

Procedural Posture

Probate/administration of Estates / Final Judgment

Legal Issues

  1. 1 Whether the 1st defendant can delegate authority to administer the estate to the 2nd defendant
  2. 2 Whether the chain of representation was broken upon Ackah Manralah's death
  3. 3 Whether the Letters of Administration with Will annexed granted to the 1st defendant were lawful

Ratio Decidendi

The chain of representation was broken when Ackah Manralah died intestate, invalidating the 1st defendant's appointment as administrator of the estate of Amihere Agyiliha. The 1st defendant, as customary successor, was not a personal representative and could not lawfully obtain Letters of Administration with Will annexed. Delegation of administration to the 2nd defendant was impermissible. The procedural objection regarding citation was raised too late and was an irregularity, not a nullity. The Letters of Administration granted to the 1st defendant are revoked; defendants are restrained from further dealings with the estate.

Court Disposition

Plaintiffs' claim partially allowed; Letters of Administration with Will annexed granted to the 1st defendant revoked; defendants restrained from dealing with the estate; counterclaim dismissed.

Orders

  • Letters of Administration with Will annexed granted to the 1st defendant on 26th November, 2009 revoked.
  • Defendants restrained from having anything to do with the estate of the late Amihere Agyiliha.