[1982]DLHC2140 • September 16, 1982 • High Court
IN RE SACKITEY (DECD.); DZAMIOJA ALIAS ASHONG vs. SACKITEY AND ANOTHER
The plaintiff, executor of the will of the late Joseph Bismark Osei Sackitey, claimed recovery of possession of a two-storey building and 38 ropes of cocoa farm, alleging the defendants (the deceased's children) unlawfully seized these properties and collected proceeds without authority. The defendants counterclaimed, asserting they were granted letters of administration with the will annexed after the plaintiff refused probate, and challenged the validity of the 1975 will on grounds of the deceased's mental incapacity, undue influence, and improper execution.
read moreJUDGMENT OF ASARE-KWAPONG J. In this case the plaintiff who is an executor of the will of the late J. B. O. Sackitey, claims against the defendants herein for an order for recovery of possession of: “(a) two-storey building No. NK. 72, Koforidua together with the outhouse attached to it and the self-contained outhouse adjacent to the two storey-building and 38 ropes of cocoa farm at Brenya Akwabourso bounded on the north by Subri River, south by Nsubadu River, east by Tetter Kado Mawunge’s property and the west by River Birim which the defendants forcibly and unlawfully seized without authority; (b) order for account and payment to the plaintiff of all moneys wrongly received by the defendants.” In his statement of claim accompanying the writ of summons, the plaintiff alleged the following particulars of his claim: “1. The plaintiff is one of the executors of the will of the late Joseph Bismark Osei Sackitey of Koforidua. 2. The defendants are a daughter and a son res...