[2013]DLHC8508 • February 11, 2013 • High Court
JOSEPH EMMANUEL ANTW vs. AKUAA ATAA AND STEPHEN NTIAMOAH MENSAH
The plaintiff/applicant issued a writ of summons against the defendant/ respondents who are the personal representatives in respect of the estate of late Nana Enoch Ntiamoah Mensah. The plaintiff / applicant, to be called plaintiff hereafter, is a nephew to the deceased, whilst the two defendants are widow and son respectively of the deceased and hold letters of administration regarding the estate of the deceased. Plaintiff asserts that some properties, which were included in the inventory of both movable and immovable properties for the grant of letters of administration, were gifted by the deceased to him, and he took possession of them for a period of ten years before the death of the deceased. Plaintiff also indicated that when it came to his attention that the affected properties were inventoried when defendants applied for the letters of administrative he caveated but it was not pursued; instead the instant writ was mounted praying for a declaration that the items listed in the e...