[2008]DLCA7030 • February 21, 2008 • Court of Appeal
GABRIEL K. A. KWASHIE & 2 ORS. vs. KWABENA BOAHENE ADJEI
The case concerns a probate action involving the validity of the Will of the deceased Kwasi Adjei dated 21st July 1988. The plaintiff, as Executors/Executrix of the Will, sought a declaration of validity and probate admission. The defendant, a son of the deceased, disputed the Will's validity alleging forgery and counterclaimed for its invalidity. The applicant/appellant, also a son and uterine brother of the defendant residing in the UK, sought to be joined as co-defendant to contest the Will's validity alongside the defendant.
read moreOWUSU, J.A. This is an application praying for an order staying proceedings in the action in the Court below pending the hearing and final determination of the Applicant/Appellant/Applicants appeal in this Court. The Appellant/Applicant had by motion filed on 18/6/07 prayed for an order to be joined to he suit as co-defendant. The application was dismissed by the Court below. Aggrieved by the ruling, he on 22/10/07 filed Notice of Appeal against same. The action in the Court below is a probate action in which the plaintiff, Executors/Executrix of the WILL of one Kwasi Adjei of Ayeduase is seeking the following reliefs: [a] "a declaration that the WILL of Kwasi Adjei dated 21st July, 1988 is valid" [b] "an order that the said will be admitted to probate." The Defendant, a son of the said Kwasi Adjei is disputing the validity of the WILL on the ground that his deceased father did not and could not have made the purported Will and that the same is a forgery and not his ...