After the death of the father of the plaintiff-respondent (I shall hereafter refer to him as the ‘plaintiff’) in 1958, the defendant-appellant, his uncle, gave him two suits as his share of his late father’s property. Unknown to him, his father had, under his will, bequeathed to him four suits and the sum of £G10. When he got to know of this, almost some 30 years later, he instituted an action in the High Court Cape Coast, against the defendant, the executor who was granted probate in 1962 to administer the estate.
In that action the plaintiff sought among other things, (a) an order compelling the defendant as executor and administrator of the estate to pay to the plaintiff the sum of £G10 or its equivalent in cedis in addition to two suits in accordance with the will and (b) interest at the current bank rate on £G10 or its equivalent in cedis from when it became due to the date of judgment.
On 3 March 1992, judgment was given in favour of the plaintiff. The defendant being…