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KWAKU MENSAH & ANOR
V.
DICKSON NSIAH YEBOAH & ANOR

(2023) JELR 112089 (HC)

High Court 31 Mar 2023 Ghana
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- The Plaintiffs sought a declaration that the last Wills of four deceased brothers, including Benjamin Kwabena Nsiah (B.K. Nsiah), executed on 25 July 1993, were valid and ought to be admitted to probate; the Defendants, children of B.K. N

Case Details

Suit Number:C7/53/2009
Judges:FRANCIS OBIRI, J
Counsel:SILAS KWAKU YEBOAH-AKOWUAH FOR THE PLAINTIFF KWAME A. BOAFO FOR THE DEFENDANTS
Location:Kumasi

JUDGMENT

The Plaintiffs per their Writ of Summons issued on 1 day of April, 2009 claim against the Defendants jointly and severally for the following reliefs:

An order that the last Wills and Testaments of

a)  Kofi Poku (Deceased) of Tanoso, Kumasi,

b) Kwame Gyamfi (Deceased) of Tanoso, Kumasi,

c) Yaw Kyeremeh (Deceased) of Tanoso, Kumasi and;

d) Kwabena Nsiah (Deceased) of Tanoso, Kumasi

all executed on 25 July, 1993 are valid and ought to be admitted to Probate.

The Defendants entered appearance on 27 April, 2009 and filed their Statement of Defence. The Defendants also counterclaimed against the Plaintiffs as follows:

1. A declaration that house numbered 20 and 21 Block ‘S,’ Asokwa New Amakom Extension, Kumasi is the self-acquired property (sic) of the Defendants’ father, Benjamin Kwabena Nsiah alias B.K. Nsiah.

2. A declaration that the purported Will of the late Benjamin Kwabena Nsiah alias B.K. Nsiah was not his act or deed and as such, the same is invalid and a forgery and did not confor…

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