ATTA ALHASSAN AND ANOTHER vs. ADWOA SAAH AND ANOTHER

The case concerns a dispute over ownership and possession of House No. NTER 244/5 at Fanti New Town, Kumasi, originally belonging to the late Opanin Kwadwo Waye. The plaintiff, nephew and beneficiary under the last Will dated 7/11/80, claimed ownership and sought to revoke a gift of four rooms made to the 1st defendant (widow of the testator). The defendants challenged the validity of the last Will, alleging the testator was of unsound mind and under undue influence when it was made. The defendants also relied on a prior settlement and probate granted to a third party, Yaa Donkor, to claim rights over the property. The plaintiff appointed the 2nd defendant as caretaker of the house. The dispute arose after the defendants allegedly interfered with the plaintiff's possession and management of the property.

MARIAMA OWUSU J.A. On 26-6-2008, the circuit court, Kumasi gave judgment for the plaintiff and dismissed the counterclaim of the defendants and co-defendant. The court held amongst other things as follows; “I am satisfied that the plaintiff has proved his case on the balance of probabilities and is entitled to judgment. I enter judgment for him accordingly. Defendants’ and the co-defendant counterclaim are dismissed as not proved. Cost is assessed at GH¢1000 against each defendant and co-defendant". Dissatisfied with the decision of the court, the appellants filed the instant appeal. The Grounds of Appeal are as follows; a. The judgment was against the weight of evidence on record. b. Additional grounds of Appeal would be filed on receipt of the record of proceedings. The relief sought from this court: An order setting aside the judgment entered and costs awarded for the plaintiff and a further order entering judgment for the co-defendant on her counterclaim. On 21-6-201...