EMMANUEL YAW KUMI vs. KOFI ANSU & 2 OTHERS AND EMMANUEL YAW KUMI vs. YAW PETER & 3 OTHERS

The Plaintiff, Emmanuel Yaw Kumi, as customary successor of the late Opanin Kwasi Asante, initiated two related suits in the High Court, Sunyani. The first suit sought to revoke the probate of a will granted to Kofi Ansu and Rev. Father Robert Kwarteng on grounds of forgery and invalidity. The second suit claimed that various properties allegedly gifted by the deceased were in fact family properties, seeking declarations, recovery of rents and proceeds, damages, injunctions, and ejectment orders against the Defendants. The Defendants denied the claims, asserting the properties were self-acquired by the deceased and denying the existence of disputes or settlements as alleged by the Plaintiff. The two suits were consolidated, and the trial court entered judgment for the Plaintiff on admissions made by the Defendants in their pleadings. The Defendants appealed the judgment.

ADUAMA OSEI JA: This is our judgment in an appeal against a judgment of the High Court, Sunyani, dated 16th July, 2012. The judgment appealed against can be found at page 214 to page 223 of the Record of Appeal, and the Notice of Appeal can also be found at pages 224 and 225 of the said Record. At pages 321 and 322 of the same Record, there is a Notice of Appeal in respect of a ruling of the High Court dated 4th February, 2015. No submissions have however been filed in that appeal and this judgment, therefore, does not concern itself with that appeal. Also, it must be observed that the date of the judgment, the subject matter of this judgment, is not absolutely certain. As noted above, the judgment can be found at page 214 to page 223 of the Record. At page 214 can be found a recording of a proceeding before the late Justice Francis K. Opoku on Monday, 16th July, 2012, which seems to suggest that the judgment was delivered on the said date, 16th July, 2012. Observations made by...