JOANA NYARKO vs. MAXWELL TETTEH & 2 ORS.

SUURBAAREH, J.A.: This is an appeal against the judgment of the High Court, Accra (Financial and Economic Division) dated 9th June, 2016 in which judgment was entered for the plaintiff/respondent, called respondent hereafter, whilst dismissing the counterclaims of the defendants/appellants, simply called appellants hereinafter. The facts giving rise to the action resulting in the present appeal are not in any dispute. One Samuel Kwabena Afram who died in 1998, had on 21st March, 1989 made a Will in which he appointed the 1st appellant and one Daniel Owiredu Baidoo as his trustees and executors. In the Will, the testator made certain devises in respect of House No. 229/16, Darkuman Korkompe, Accra in which the respondent and her children were beneficiaries of majority of the rooms/stores. As at the time of his death, Daniel Owiredu Baidoo had died so the 1st appellant, as the sole surviving executor, applied and obtained probate but was unable to distribute the estate as a resul...