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

(2008) JELR 63843 (CA)    
Court of Appeal  ·  COURT OF APPEAL NO.: H3/82/08 ·  21 Feb 2008 ·  Ghana
CORAM
OWUSU J.A. [PRESIDING], ASARE-KORANG J.A., DUOSE J.A
Core Terms Beta
court
applicant
application
proceedings
appeal
defendant
monumental miscarriage of justice
order
action
affidavit
authorities
excellent prospect of success
father
mere allegation
special circumstances
stay of proceedings
writ
applicants
circumstances
co-defendant
constitutional right
counsel
court of competent jurisdiction
due deference
executrix of the will
exercise
final determination of the applicant
good years
instant case
irreparable damage
judgment
kwasi adjei of ayeduase
light of the litany of errors
notice of appeal
owusu
probate action
real need
ruling of the court
son of the said kwasi adjei
submission
successful appeal
support of the application
united kingdom
validity of the will
will of kwasi adjei

OWUSU, J.A.

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 ther…

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