Anin J.A. This is one of those familiar cases where, upon the death of a wealthy person, bitter and protracted litigation springs up between his family on the one hand and the beneficiaries of his will on the other over the question whether the deceased’s estate was self-acquired or family property.
In the present case, the plaintiff-appellant is the head and representative of the deceased Kwame Johnson's family, while the defendant-respondent is the executor of his will. The testator, Kwame Johnson of Kona (Ashanti) who died on 30 August 1967, made certain dispositions of realty in his will dated 27 August 1962. By his writ of summons, the plaintiff claimed, firstly, a declaration that twelve items of properties disposed of by the testator in his will, particulars of which were contained in an attached schedule, are family properties of the plaintiff's family and that the late Kwame Johnson was not entitled to dispose of them by will as if they were his self-acquired properties; and s…