JUDGMENT
IRENE C DANQUAH JA
This appeal emanates from the decision of the High Court, Wa dated 19th May 2008.
The brief facts of the case are that prior to the issuance of the writ of summons by the Plaintiffs/Appellants they had on 19th June 2003 applied to the High Court, Wa for Letters of Administration in respect of the estate of one Aminatu Sulemani (deceased) who died intestate on 18th May 2003 at Jirapa. Upon becoming aware of the application made by the Plaintiffs for the Letter of Administration, the Defendants/Respondents (Defendants) on 21st July 2003 filed a notice of caveat against the grant.
As a result the 1st Plaintiff as husband and the 2nd Plaintiff as step-son of the late Aminatu Sulemani issued the writ which was subsequently amended for the following reliefs:
1. A declaration that uncompleted house at Jirapa, lying and situate at plot No.556 Block “C” Jirapa is the bona fide property of 1st Plaintiff’s late wife Aminatu Sulemani.
2. A declaration that Plaintiffs have be…