IN RE AMUZU BANINI; BANINI AND OTHERS vs. KWAKU BANINI

The plaintiffs are seven out of twenty surviving children of their late father Abraham Amuzu Banini who at the time of his death on 30 April 1963 left a will bearing the date 7 July 1961 and probate of which was granted by the High Court, Ho, on 8 January 1965. Under the said will the defendant, also a son, was appointed the “sole executor” and the “sole administrator,” and the plaintiffs allege that they are all beneficiaries under the said will. The claims against the defendant made by the plaintiffs for themselves and on behalf of the other children of the said Abraham Amuzu Banini are for: “(a) Account from the defendant as the executor of the will of the late Abraham Amuzu Banini from the date of his death up to date of judgment; (b) Recovery of the amount found due for the purpose of being shared to the beneficiaries.” Paragraph (6) of the statement of claim is a catalogue of the names of the twenty surviving children of seven wives of the testator. In the s...