EMMANUEL KWAME NYARKO (PLAINTIFF/APPELLANT) vs. NANA YAW SINTIM AND ALLEN GYIMAH KESSE (DEFENDANTS/RESONDENTS)

E.K. AYEBI, J.A: This is an appeal against the ruling delivered by an Accra High Court on 20th May, 2010. The appellant was the plaintiff in the lower court while the respondent was the 2nd defendant because the appellant’s application which was dismissed by the lower court was directly against him. So in this judgment I will refer to parties simply as appellant and respondent. The facts of the case are as follows: One Comfort Oforiwaa of Obo, Kwahu who owned the building No. D684/4, Okaishie-Accra died on 3rd June, 2007 in Accra. On 8th October, 2010 Nana Yaw Sintim and Allen Gyimah Kesse (defendants) applied for the grant of probate in their capacity as the named executors of the will of the deceased. The appellant who claimed to be the head of family of the late Comfort Oforiwaa, in two writs, challenged the will as not being the act of the deceased. In suit No. BFA4/2008, appellant sued both defendants but second defendant alone in Suit No. IRL/282/10, in both cases, for th.....