MRS. COMFORT JOYCE WEREKO-BROBBY, BEN KUFOUR AND DAVID GYAN KUFOUR vs. PETER AGYEI KUFOUR AND BERNARD ASAMOAH KUFOUR

AYEBI J.A. This interlocutory appeal has come to us from the ruling of the High Court, Land Division dated 18th July, 2011 presided over by His Lordship Eric Baah. The ruling was delivered following upon a motion filed by the defendants to strike out the writ of summons and statement of claim on the grounds stated therein with a supporting affidavit. The subject matter of the suit itself concerned the estate of the late Bernard Mensah Kufour, Chief of Nkawie in Ashanti. He died in London on 23rd March 1976 possessed of considerable properties both in Ghana and United Kingdom. From the endorsement and the statement of claim of the plaintiff, the deceased left behind two wills – a Ghana will dated 10th October 1964 and a London will dated 16th October 1964. It appeared from the face of the pleadings that the defendants were dealing with certain properties of the deceased on the basis of the probate granted them on the Ghana will. The plaintiffs questioned the existence and the va.....