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YAA KYEREWAAH & 2 ORS
V.
NANA KWADWO BOAKYE & ADWOA NKANSAH

(2022) JELR 110016 (HC)

High Court 10 Feb 2022 Ghana
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- Plaintiffs challenged the validity of the Will of the late Kofi Atta dated 12 December 2018, alleging it was fraudulent, not executed by the deceased, and that the deceased had distributed his properties inter vivos prior to death; Defend

Case Details

Suit Number:SUIT NO. C7/115/19
Judges:JUSTICE FRANCIS OBIRI
Counsel:WILLIAM KUSI FOR THE PLAINTIFFS DR. ADOMAKO KWAKYE FOR THE DEFENDANTS

JUDGMENT

The Plaintiffs claim against the Defendants in their Writ of Summons filed on 2 September, 2019 as follows:

a) An order of the court declaring the alleged Will of the late Kofi Atta, dated the 12 day of December, 2018 as null and void as same was not done by the deceased.

b) A further order of the court, confirming the sharing of the deceased’s properties by him whilst alive, as the true sharing of the deceased’s properties and a further order to enforce the said distribution.

c) A further order to declare the said Will of the deceased as fraudulent.

The Defendants resisted the action. They entered appearance and subsequently filed their statement of defence on 14 November, 2019.  They also counterclaimed for the following reliefs:

a) A declaration that the last Will and Testament of the late Kofi Atta of Afoako is valid as same was executed in accordance with the law.

b) An Order of the court admitting the last Will and Testament of Kofi Atta into probate.

At the close of pleadings,…

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