LAW TIP
Even without letters of administration, a child of a deceased person can sue or defend the property of the deceased. BANDOH v APPEAGYEI GYAMFI & ANOR (J4/16/2016) (6/6/2019) SC
QUOTE FROM JUDGEMENT
“Counsel for the Respondents in his statement of case cited the case of Adisa Boya v. Zenabu Mohammed (Substituted by Adama Mohammed) & Mujeeb, unreported judgment of this court in Civil Appeal No. J4/44/2017 of 31st January 2018, and described the judgment as ‘’a radical proposition of alternative perspectives to some established relevant principles of law.’’ In that case this court speaking through Gbadegbe, JSC, held that the defendants who were the children of the estate had immediate interest in the property and for that reason, they were competent to defend or even sue for declaration of title, notwithstanding the fact that they had not obtained any letters of administration. I wish to add that the above proposition of law is only fair and equitable in view of the interest created in estate for beneficiary children, under the Intestate Succession Act, PNDC Law 111. I therefore, entirely agree with the legal proposition enunciated by Gbadegbe JSC, and hold that even in this appeal the appellant, being a beneficiary child, was a competent party, notwithstanding the fact that she had no letters of Administration. The objection raised as to appellant’s lack of capacity is dismissed.” BANDOH v APPEAGYEI GYAMFI & ANOR (J4/16/2016) (6/6/2019) SC