KOFI NUHU vs. MABEL QUAGRAINE (SUBST BY) GABEX A. SPIO AND 2 OTHERS

The subject matter of this suit is a room in House No. NTER 28, Fanti Newtown, Kumasi. The house was built by one Isaac Abednego Benjamin Sackey who devised the disputed room in his last will and testament of 11th March, 1960 to one Maame Nana Amma, deceased. Plaintiff asserted Maame Nana Amma was her mother who then devised the room to him and his sister called Akua Maanang, also deceased. It is the further case of Plaintiff that the device was made in the last will and testament of Maame Nana Amma dated 3rd February, 1975, exhibit ‘A’. Probate of exhibit ‘A’ was granted to one of the two named executors of the will, Nana Esilfie, the Fanti Ekounahene of Kumasi. The probate so granted is in evidence as exhibit ‘A1’. Exhibit ‘A1’ was granted on 24th July, 1989, Maame Nana Amma having died in May, 1986. The other named executor in the will is said to have died before exhibit ‘A1’ was granted. It is asserted by the plaintiff that Nana Esilfie did not formally prepar...