AFUA ADADE vs. KWADWO NKYIDWOUR AND YAW ATTA

FARKYE, J.A. This judgment is in respect of an appeal against the judgment of the Fast Track High Court, Kumasi dated 30th April, 2004. The facts of the case are that the late Opanyin Kwabena Adu of Kumasi made a Will dated 25th day of August 1999. Opanyin Kwabena Adu died on 13th February, 2003 and his Will was admitted to Probate. The Plaintiff/Appellant herein referred to as the Appellant commenced the action by issuing out an originating summons under Order 54 rule 4 of the repealed High Court [Civil Procedure] Rules of 1954 [L.N. 140A] now C.I.47 on the 3rd of April 2003 requesting the High Court to interpret and determine the true meaning of paragraph 2[d] of the said Will of the late Opanyin Kwabena Adu. The suit was tried and judgment was given against the appellant and the Appellant being dissatisfied with the judgment has appealed against the judgment of the High Court Kumasi. Paragraph 2[d] of the Will of the Opanyin Kwabena Adu dated 25/8/1999 is as follows:— .....