HENRY KWOFIE J.A.
This is an appeal against the ruling of the High Court Kumasi given on the 23rd of March 2017. The ruling the subject of the appeal followed an application by the defendant/applicant/appellant for the plaintiff’s suit to be dismissed for want of capacity. The said suit was brought by the plaintiff Michael Hagan Brown for himself and on behalf of his mother and siblings on 16th September 2016 claiming the following reliefs:
i) An order of the Court to compel the defendant to distribute the estate of Nana Dr. William Benjamin Hagan Brown in accordance with his Last Will and Testament.
ii) A further order restraining the defendant from interfering with the plaintiff’s enjoyment of the portion of the estate till the determination of the suit.
iii) An order for the defendant to account to the plaintiff and all the beneficiaries on how he has administered the estate.
The trial judge dismissed the defendant’s application on 23rd of March 2017. Dissatisfied with the ruling, the d…