ABBAN J.A.
The late Francis Kojo Essien died on 7 December 1979. A document dated 3 January 1975 and believed to be his last will and testament was submitted to the High Court, Kumasi for probate by one of the two named executors—the other executor having predeceased the late Essien.
A caveat was filed against the grant of probate by one Madam Afua Addisah, Dr. Harry Ansah and Abena Ansah. It therefore became necessary that the will should be proved in solemn form. Consequently, the executor—Papa Kwanan—as plaintiff, issued a writ of summons against the two caveatrices and the caveator as defendants.
The claim as indorsed on the writ of summons was as follows:
“The plaintiff’s claim against the defendants is for a declaration that the will of the late Francis Kojo Essien alias Kojo Baidoo (deceased) is his true and last will.”
In the statement of claim, the plaintiff alleged, inter alia, that the document was the will and the deed of the late Francis Kojo Essien and that the signature on …