NANA ADUNA II AND MRS. PHILOMENA SAM
V.
THEODORA YEABOAH, KENNETH OTOO-QUAYSON AND MABEL SEMUA COFFIE

JUDGMENT

KUSI-APPIAH, J.A.

The main issue that arises for determination in this appeal is whether non-compliance with Order 66 Rules 33(3) and 37(1) of C.I.47 before probation action is issued out, is a mere irregularity which can be set aside or renders the proceedings a nullity. Put differently, was the plaintiffs’ action competent or properly before the trial court?

The facts relevant to this appeal were as follows:

On 7^th August, 2015, the plaintiffs/respondents (hereinafter called the respondents) issued a writ of summons against the defendants/appellants (hereinafter called the appellants in the High Court, Accra for the following reliefs:

“(1) A declaration that Getrude Otto’s line of inheritance is matrilineal and that the defendants have no business in intermeddling with the intestate estate of the late Getrude Akotaa Otoo.

(2) An order to set aside the grant of the Letters of Administration to the 1^st defendant.

(3) An order for the cancellation of the certificate issued to the 1^s…