JUDGMENT
1] Introduction
The Plaintiff seeks a declaration and prays for the invalidity of the deceased George Trebi Anyankor last Will and Testament on the basis that the sole property, property Z14, Lomo Adawu Street, La described in the Will as Plot No. 46 East Cantonments with registration Number GA28993 is rather the self-acquired property of their late mother Ernestina Atswei Adjetey and therefore the deceased lacked testamentary capacity over same. This version of the issue is hotly contested by the Defendants (Executor and Son) that the property in contention is the self-acquired property of the late Goerge Trebi Anyakor (deceased) and that therefore the deceased had the requisite testamentary capacity.
The Plaintiffs issued a Writ of Summons with an accompanying Statement of Claim for the following reliefs:
“A declaration that the Will of GEORGE TREBI ANYANKOR (deceased) dated 31st day of January, 2020 is invalid as he never owned ‘the property’ Z14, Lomo Adawu Street, La (howeve…