[2001]DLHC7494 • January 16, 2001 • High Court
ELIZABETH NOAMAH & ANOR. (PLAINTIFFS) vs. DR. RODERICK BANOR LOKKO (DEFENDANTS)
In this suit the Plaintiffs are claiming among other things a declaration of title to the out house of House No. F.627/1, Kuku Hill, Osu, devised in the Will of Frederick Erasmus Lokko to which Probate was granted on 14/4/1981. The Plaintiffs contend that by the same Will the main house i.e. House No. F.627/1, was devised to the Defendant. The plaintiffs since 1984 have enjoyed the out house devised to them in the Will without any hindrance. Of late they detected that the Defendant has registered the whole property including the out house in his name as his hence the action. At the Summons for Directions stage Counsel for the Plaintiffs applied that the following issues be set down for legal argument and they were set down accordingly. (a) Whether or not having accepted all the gifts made to him in his late father’s Will, the Defendant can deny the Plaintiffs the right to the enjoyment of the boys quarters attached to the house. (b) Whether or not the testator had power to di.....