[2002]DLHC7387 • April 24, 2002 • High Court
ALBERT DOTSEY (SUING AS THE CUSTOMARY: SUCCESSOR OF MANAVI ATAKPA) (PLAINTIFF) vs. ANUMUVI AMEGBOR (DEFENDANT)
The plaintiff, Albert Dotsey, sued as the customary successor of the deceased Manavi Atakpa, challenging the validity of a Will purportedly executed by the deceased in favor of the defendant, Anumuvi Amegbor. The Will purported to devise House No. A. 601/9 Sukura, Accra to the defendant. The plaintiff alleged the Will was not the act and deed of the deceased and was fraudulently procured. The defendant claimed the Will was valid and that he was the beneficiary, having lived with the deceased as an adopted son. The plaintiff caveated the Will and brought an action to have it declared null and void and to restrain the defendant from collecting rents under it.
read moreThe plaintiff brought an action against the defendant for the following reliefs: (1) An Order declaring null and void and of no effect the alleged Will of the said Manavi Atakpa (deceased) on the grounds that the said Will was not the act and deed of the said testator and was fraudulently procured and or executed. (2) Perpetual injunction to restrain the defendant from holding himself as the beneficiary under the Will and collecting rents from the tenants in the house. The brief facts of the plaintiff's case are that he was elected on 11/4/98 as the Customary Successor to the deceased and that an alleged Will made by the late Manavi Atakpa purporting to devise House No. A. 601/9 Sukura Accra to the defendant. After the said Will was read, the plaintiff caveated as the head of family and customary successor of the late Atakpa. It was then ordered that the Will be proved solemnly. The plaintiff therefore issued the writ against the alleged beneficiary alleging fraud and improper ex...