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JACOB LAMPTEY
V.
MARGARET ARTISO AND MRS GIFTY LAMPTEY AND 9 OTHERS

(2016) JELR 67664 (CA)

Court of Appeal 8 Dec 2016 Ghana
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- The case is an appeal against the judgment of the High Court of 26th November 2014, where the appellant seeks to set aside the judgment, restore the suit to the record, and remit it for trial before the High Court. - The case revolves aro

Case Details

Suit Number:CIVIL APPEAL NO: H1/218/2016
Judges:GYAESAYOR JA (PRESIDING), LARBI (MRS) JA, AGYEMANG (MRS.) JA
Counsel:KWAMINA BAIDEN FOR APPELLANT; BRAM LARBI FOR RESPONDENTS.

JUDGMENT

AGYEMANG JA

In this appeal against the judgment of the High Court of 26th November 2014, the appellant seeks the following reliefs: that the judgment of the High Court be set aside, that the suit be restored to the record, and that same should be remitted for trial before the High Court.

These are the matters antecedent to the appeal.

The late Honourable David Lamptey was by all accounts a rich man who died possessed of many properties. He was survived by his wife (whom he named co-executrix of his last Will and Testament), and seven children - the 3rd to 8th Defendants/respondents, as well as the plaintiff/appellant.

After the death of the testator, the 1st and 2nd defendants/respondents- named executors, applied for probate of the Will of the deceased. A number of caveats were filed by the 3rd – 10th defendants as well as the plaintiff against the grant. In this regard, the plaintiff sued out a writ of summons titled: Suit BDP779/2013

In the matter of the estate of the late Honou…

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