TAYLOR J.S.C.
The point for decision in this appeal is really very simple. On 10 August 1982 the plaintiffs as executors of the late Ofori-Panin Ofori Atta who died on 12 April 1982 sued the defendants claiming, certain reliefs. It is not necessary for a decision in this case to advert to the facts or even the reliefs. The important aspect of the case which dominated the reasoning of the High Court judge and which led to this appeal is the undisputed fact that the plaintiffs as executors had not obtained probate of the will of the deceased dated 17 December 1980 when they commenced the action.
In a motion filed on behalf of the defendants by their solicitor it was sought to have the action dismissed in limine, inter alia, for want of locus standi. On 30 September 1982 the motion was heard, and on 2 November 1982 the learned High Court judge delivered his ruling in which he relied on the English case, of In re Crowhurst Park; Sim-Hilditch v. Simmons [1974] 1 W.L.R. 583 for his singular h…