[2006]DLHC7089 • July 18, 2006 • High Court
ADWOA BOAKYEWAA, KWAME GYIMAH, AKUA KYEREWAA AND AMA SERWAA (PLAINTIFF) vs. ABENA ACHIAA @ HANNA MENSAH (DEFENDANT)
On 5th February 2004, the plaintiffs herein commenced this action against the defendant for the following reliefs endorsed on the writ of summons: 1. A declaration that the 1st plaintiff as the spouse of Kwadwo Mensah (deceased) has interest in the title to House No. D.47, Asawasi, Kumasi, which was acquired during the subsistence of the marriage between 1st plaintiff and the deceased and which acquisition was contributed to substantially by 1st plaintiff. 2. That the deceased lacked capacity to devise the said House No. D.47, Asawasi in his Will dated 27th November 2001. 3. A declaration that the Will dated 27th November 2001 is a forgery or in the alternative not the Will of the deceased. 4. An order of perpetual injunction restraining the defendant and all who claim through her from interfering with the subject-matter. At the close of pleadings, the following were set down as the issues for the trial and determination of the Court: 1. Whether House No. D.47 of Asawasi wa...