Letters of Administration
granted to next of
kin-Caveat-Allegations of
adoption and of appointment to
bury and to succeed in
accordance with native law and
custom.
Held: Findings of trial Judge
that, where a claim such as this
is based on native law and
custom, that particular native
law and custom must be
established by positive evidence
and that the alleged adoption
and appointment were not
supported by the requirements
of native law and custom upheld
and appeal dismissed.
The facts are sufficiently set
out in the judgment.
Wells Palmer for
Appellant.
C. W. Clinton for
Respondent.
The following judgment was
delivered :WEBBER, C.]., SIERRA
LEONE.
The plaintiff as sister and next
of kin of Agnes Florence Martin,
who died at Buea, Cameroons
under British Mandate, on 23rd
October, 1934, intestate,
claimed to have, as such, a
grant of Letters of
Administration of the personal
estate of the said intestate.
The two defendants entered a
caveat, each claiming to be the
person entitled to administer
the estate.
The Court below ordered a grant
of Letters of Administration to
the plaintiff as next of kin and
against this order the second
defendant has appealed on two
grounds namely:-
1.That
the judgment is against the
weight of evidence. 2. That it
is contrary to native law and
custom.
The appellant based his claim to
administer the estate on three
grounds, namely :-
1. That he is the head of the
house to which the father of the
deceased became attached.
2.
That he is the adopted son.
3. That he was appointed by the
deceased to bury her and succeed
to her property.
