Archer, J. :The plaintiff seeks "a declaration that he is the proper person to succeed to the estate of his late uncle Kweku Fih, after the death of his cousin, Kobina Yeboah who first succeeded to the estate, after the death of the said uncle Kweku Fih.” The plaintiff further seeks another "declaration that the alleged appointment of the second defendant to succeed to the said estate of the said late Kweku Fih is contrary to native customary law."
The plaintiff gave evidence and called three witnesses. Both the first and second defendants also gave evidence and called three witnesses. In his address, Mr. Carson, learned counsel for the defendants, raised two points of law attacking the writ of summons and a pleading in the statement of claim. Although such matters could have been raised at a very early stage of the proceedings, they were never raised until at the commencement of the addresses. Nevertheless I decided to listen to those points and I wish to dispose of them now before em…