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MARY THORNHILL AND DINAH THORNHILL
V.
OSEI ANTO BONSU

(2001) JELR 63473 (CA)

Court of Appeal 13 Nov 2001 Ghana
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- The case revolves around a dispute over the will of the late Mrs. Dinah Thornhill Nyedepu, who owned a property at Senchi Street. The plaintiffs/appellants, who claim to be her adopted children, challenged the validity of the will, which

Case Details

Suit Number:CIVIL APPEAL NO. 107/2001
Judges:ARYEETEY J.A. (PRESIDING), ADINYIRA J.A., ASIAMAH J.A.
Counsel:MR. ROBERTSON KPATSA FOR APPELLANT ,MR. OSEI ANTO BONSU FOR HIMSELF

JUDGMENT

ARYEETEY, J.A.

To the defendant/respondent, what apparently prompted the issue of the writ of summons on 16th December, 1998 in the first place by the plaintiffs/appellants, was his demand by letter for the first plaintiff to account for the amount of $24,720.00, which was supposed to have come into her hands as a result of a tenancy agreement that the first plaintiff wrongfully entered into with a tenant on behalf of her deceased aunt, Mrs. Dinah Thornhill Nyedepu, in respect of House No. 9, Senchi Street, Airport Residential Area. The late Mrs. Dinah Thornhill Nyedepu who owned the Senchi Street house died testate on 25th August, 1997 with the respondent as one of the two executors. Probate in respect of the Will was granted on 24th November, 1997, which was before the appellants filed a caveat on 29th June, 1998 and before the wrongful tenancy agreement on 1st August, 1998. By their writ of summons the plaintiffs asked for the following reliefs:

(1) A declaration that the Wi…

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