[2017]DLHC4039August 7, 2017High Court

SAMUEL TETTEH ABABIO vs. MRS. CYNTHIA ADOA ADDY, SUSANNA OFEIBEA ABABIO, BENJAMIN NII GYAN ABABIO, JOSHUA TETTEH ABABIO AND MADAM MARTHA NETTEH

i. Introduction [1] On November 4, 2014, the Plaintiff herein caused his lawyer to issue a writ of summons claiming against the Defendants:- (a) A declaration that by the true interpretation and construction of clause 4 of the Last Will of the Late Joseph Kwasi Gyang a.k.a. Samuel Gyang Ababio Probate of whose Will was granted by the High Court on 27th August 2013, the Plaintiff herein and his late brother Joseph Commey Ababio became and are the ABSOLUTE owners of the property described in clause 4 of the said Will as “plot of land situate and lying at Kotobabi in the Greater Accra Region and registered at the Land Title Registry as GA 3457” and also known as House No. 163/12, Kotobabi, Accra. (b) An order to Equitable partitioning of the property known as H/No. 163/12, Kotobabi, Accra pursuant to the devise in clause 4 of the probate and Will of the Late Joseph Kwasi Gyang a.k.a. Samuel Gyang Ababio between the Plaintiff and the Defendants. (c) An order by this Honorable...