NANA NTIM BANAHENE AND OTHER vs. OPANIN KWAME MENSAH (SUBST.) BY KWABENA OSEI – OWUSU

The plaintiffs are the executors of the will of one Opanin Kwame Owusu Ansah, who was the elder uterine brother to the original defendant, Opanin Kwame Mensah. Probate of the will dated 16th August, 1994 was granted on 25th March, 2002 to the plaintiffs, the testator having died on 28th September, 2001. It must be on record that Opanin Kwame Mensah passed away, and on 29th July, 2008, this court granted an application and the present defendant, who is his uterine younger brother and customary successor, substituted him. When the plaintiffs applied for probate of the will, the defendant filed a caveat claiming a house numbered DK 42 formerly No. D134 situated at Dominase, and a cocoa farm at Ayamfuri which were devised in the will are not the self-acquired properties of the testator. It was asserted by the defendant that the properties referred were jointly acquired by him and the testator, and they could not be given away in the will of the testator. The instant writ was instituted ...