ANIM-ADDO AND OTHERS vs. ADDAE-MENSAH AND OTHERS

JUDGMENT OF BENIN JA. The endorsement on the plaintiffs’ writ of summons sued out on 3 August 1995, reads: (i). “The plaintiffs, as children of the late Patrick Kwaku Anim-Addo, claim from the first to fourth defendants as executors of the deceased jointly and severally an account of the income and disbursement made from the residuary real and personal estate as provided in clause (iv) of the will. (ii). The plaintiffs, as children of the late Patrick Kwaku Anim-Addo claim from the second and fifth defendants jointly and severally accounts of moneys received and disbursement of such moneys from Kwamin Trading Co as provided in clause III of the will of Patrick Kwaku Anim-Addo.” A statement of claim has also been filed. The claims are basically for accounts. On 30 August 1995 the plaintiffs put in an application for an order for accounts under Order 15 of the High Court (Civil Procedure) (Amendment) (No 2) Rules, 1977 (LI 1129) supported by an affidavit. There was al...