This was an appeal against the decision of the High Court on ground that the Trail Judge erred in law when he held that the relatives of an intestate take priority over the Administrator General.

The appellant argued that he had unfettered discretion in the choice of estates to administer where there was no will left.

In consideration of the relevant laws, it was found that a widow or widower can apply for and obtain Letters of Administration of his or her deceased spouses’ estate without reference to the Administrator General. But other persons not authorized in law must seek for consent.

Thus, the consent that was sought was in respect of the second respondent.