MONICA ASIEDUA vs STEPHEN OFORI DARKO, YAW ASIEDU

JUDGMENT MENSAH-HOMIAH, (J. A.): This is an appeal against the Ruling of the High Court, Nkawkaw, dated 24th June, 2019, wherein the Plaintiff’s action was dismissed for want of capacity. By her Writ of Summons issued on 21st January, 2019 the Plaintiff claimed for an order for: 1. Defendants to render full accounts of all proceeds received from the Sawmill since the death of her husband on 8th August, 2017. 2. Compel the 1st Defendant from taking some of the proceeds from the Sawmill with the claim that the Sawmill belongs to his father and therefore he can take money from the Sawmill. 3. Compel the Defendants to pay all outstanding school fees for her husband’s children. 4. Compel defendants to accept the set-up of a management team to manage the Sawmill and render accounts to the family 5. Cost. BACKGROUND Eric Ofori died intestate on 8th August, 2017, he was survived by two spouses and two sets of children by both spouses. The Plaintiff is the 2nd surviving spouse a...