J U D G M E N T
The late Emmanuel Oteng Nsiah died on 5th December 1983 and supposedly left behind a will dated 13th October 1974. The will was, upon an application made by the plaintiffs to the High Court Registrar, read on 29th January 2010 – about 27 years after the death of the testator. The plaintiffs applied for Letters of Administration with will annexed on 2nd March 2010 because at that time the executors named in the will had all passed on.
The defendants caveated against the grant of the Letters of Administration to the plaintiffs alleging among others that the signature on the will was not the signature of their deceased father and further that the will was not executed in accordance with the Wills Act, 1971 (Act 360). The court differently constituted therefore ordered the plaintiffs to prove the Will in solemn form.
The plaintiffs issued a writ on 20th July 2010 and claimed the following reliefs against the defendants:
i. An ord…