JOHN OSEI vs. NANA AKWASI ADDAE AND TWO OTHERS

In this suit a primary issue for determination is the locus standi of the plaintiff to mount this action. The writ was originally instituted by two plaintiffs. However, the first plaintiff passed away before the case was heard on its merits. There is no indication he was substituted. By their writ of summons issued from the Registry of this court on 13th December, 1996, a little over fifteen years ago, the plaintiffs claimed the following reliefs against the defendants. (i) A declaration that the purported last will and testament of Kwame Darko otherwise known as Kwame Kayeya of Mpasatia near Nkawie dated 7th June, 1996 is invalid null and void in that it was not executed, made or otherwise thumbprinted by the said Kwame Darko alias Kwame Kayeya (deceased). Accordingly the same must be cancelled. (ii) A declaration that properties named in clause 3(i) (ii) (iii) (iv) 4(i) (ii) and 6(b) in the purported last will and testament are family properties and as such the late Kwame Darko ...