WILLIAM BENJAMIN HAGAN BROWN JNR. vs. MICHAEL HAGAN BROWN

The plaintiff, Michael Hagan Brown, initiated a suit on behalf of himself, his mother Mary Donkor, and siblings against the defendant, William Benjamin Hagan Brown Jnr., seeking orders to compel distribution of the estate of the late Dr. William Benjamin Hagan Brown according to his Last Will and Testament, restraining interference with enjoyment of estate portions, and an accounting of estate administration. The defendant, appointed administrator after the named executor died, denied the plaintiff's claims, asserting he was granted probate and had executed a vesting assent. A dispute arose over the plaintiff's capacity to sue as he was not a direct beneficiary under the Will. The plaintiff was accused of unlawfully collecting rent and denying the defendant access to estate properties. The case followed a protracted prior litigation over the Will's validity lasting about 15 years, which was resolved in favor of the defendant.

HENRY KWOFIE J.A: This is an appeal against the ruling of the High Court Kumasi given on the 23rd of March 2017. The ruling the subject of the appeal followed an application by the defendant/applicant/appellant for the plaintiff’s suit to be dismissed for want of capacity. The said suit was brought by the plaintiff Michael Hagan Brown for himself and on behalf of his mother and siblings on 16th September 2016 claiming the following reliefs: i) An order of the Court to compel the defendant to distribute the estate of Nana Dr. William Benjamin Hagan Brown in accordance with his Last Will and Testament. ii) A further order restraining the defendant from interfering with the plaintiff’s enjoyment of the portion of the estate till the determination of the suit. iii) An order for the defendant to account to the plaintiff and all the beneficiaries on how he has administered the estate. The trial judge dismissed the defendant’s application on 23rd of March 2017. Dissatisfied ...