[2016]DLCA4928December 8, 2016Court of Appeal

JACOB LAMPTEY vs. MARGARET ARTISOANDMRS GIFTY LAMPTEY AND 9 OTHERS

AGYEMANG JA: In this appeal against the judgment of the High Court of 26th November 2014, the appellant seeks the following reliefs: that the judgment of the High Court be set aside, that the suit be restored to the record, and that same should be remitted for trial before the High Court. These are the matters antecedent to the appeal. The late Honourable David Lamptey was by all accounts a rich man who died possessed of many properties. He was survived by his wife (whom he named co-executrix of his last Will and Testament), and seven children - the 3rd to 8th Defendants/respondents, as well as the plaintiff/appellant. After the death of the testator, the 1st and 2nd defendants/respondents- named executors, applied for probate of the Will of the deceased. A number of caveats were filed by the 3rd – 10th defendants as well as the plaintiff against the grant. In this regard, the plaintiff sued out a writ of summons titled: Suit BDP779/2013 In the matter of the estate of the la.....