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GABRIEL K. A. KWASHIE & 2 ORS.
V.
KWABENA BOAHENE ADJEI

(2008) JELR 63841 (CA)

Court of Appeal 21 Feb 2008 Ghana
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- The case involves an application for an order to stay proceedings in a lower court pending the hearing and final determination of the applicant's appeal. - The applicant had previously filed a motion to be joined as a co-defendant in a p

Case Details

Suit Number:COURT OF APPEAL NO.: H3/82/08
Judges:OWUSU J.A. [PRESIDING], ASARE-KORANG J.A., DUOSE J.A.
Counsel:PAAPA DADSON WITH HIM MS. ABRAHAM FOR PLAINTIFF/RESPONDENT ,KWASI AFRIFA FOR THE APPELLANT/APPLICANT ,KWASI BEMPAH FOR THE DEFENDANT

OWUSU, JA

This is an application praying for an order staying proceedings in the action in the Court below pending the hearing and final determination of the Applicant/Appellant/Applicants appeal in this Court.

The Appellant/Applicant had by motion filed on 18/6/07 prayed for an order to be joined to he suit as co-defendant. The application was dismissed by the Court below.

Aggrieved by the ruling, he on 22/10/07 filed Notice of Appeal against same.

The action in the Court below is a probate action in which the plaintiff, Executors/Executrix of the WILL of one Kwasi Adjei of Ayeduase is seeking the following reliefs:

[a] "a declaration that the WILL of Kwasi Adjei dated 21st July, 1988 is valid"

[b] "an order that the said will be admitted to probate."

The Defendant, a son of the said Kwasi Adjei is disputing the validity of the WILL on the ground that his deceased father did not and could not have made the purported Will and that the same is a forgery and not his father's Deed.

He has there…

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