J U D G M E N T
Introduction
This is a matter in which one of the properties (House No. F466/2, Osudoku, Osu, Accra) comprised in the last Will and Testament of Samuel Kabu Kabutey (deceased) dated 24th May 2001 is in issue. Probate of the Will was granted to the defendant and Joseph Tettey Kabutey on 15th May 2010. It is important to state at this point that none of the parties is challenging the validity of the said will. The main issue however is the scope and extent of clause 4 of the said Will.
Whilst the plaintiffs contend that the said clause gave the property in dispute to the children of the late Samuel Kabu Kabutey by Mrs. Deborah Hedwig Quist Kabutey absolutely as tenants in common, the defendant asserts that the said clause excluded a portion of the said property which had been gifted to him by his late father from the said devise. The 1st plaintiff also asserts that by the express permission and consent of her late father, she constructed the top floor of the m…