[2015]DLHC8514 • June 10, 2015 • High Court
KOFI AMANKWAA (SUBST BY) KWABENA OPOKU AND NANA KWAKU ATUAHENE vs. DR. ERNEST KOFI ANTWI
On 24th October, 2014, this court gave judgment in favour of the defendant/respondent, to be referred to hereafter simply as the defendant, in a suit filed by the plaintiff/appellants/applicants, hereinafter called the plaintiffs. The suit was mounted a little over twenty-one years at the time of the judgment, and it concerned House No. Plot OTB 604, Odum, Kumasi. The property was devised in the will of one Isaac Cobina Antwi the father of the defendant, to the defendant and his siblings. The plaintiffs alleged the testator had no capacity to give away the house in his will because it was not self-acquired by him. The first plaintiff who described himself as the customary successor of Isaac Cobina Antwi asserted the property is owned by his family but its documents were prepared in the name of the testator because at the time the land on which it is built was acquired by a deceased family member he was the only literate in the family. However, in the pendency of the suit, the original ...