GRACE AGBOKU & ORS. vs . AUGUSTINE YAOVI AGBOKU & ORS.

The decision of the Court was read by Gbadegbe J.A. as follows: The question for our decision in this case is whether or not in commencing the action in the court below the plaintiffs (hereinafter for convenience referred to as the appellants) ought to have extracted a citation calling upon the last surviving executor to bring into the registry of the High Court Accra the probate of the will granted to them on the 29th of June 1994 in respect of the deceased's estate in compliance with the provisions of Order 6 rule 6(1) of LI 1515? It is important to note that whiles the defendants (hereinafter for convenience described as the respondents) were of the view that the action not having been issue in compliance with the mandatory provisions of the said rule was incompetent, the appellants took the view that since the reliefs which they were demanding from the court did not seek a 'revocation' of the said grant there was no need for them to comply with the rule. I must say that in the co...