KWABENA KWARTENG VS SAMUEL GYAMFI & AFUA KUMAH

JUDGMENT BY JUSTICE FRANCIS OBIRI The plaintiff per his writ of summons filed on 17th August 2006, claimed against the defendants for one relief which is for a declaration that, the late Opanin Kwasi Nyantakyi had capacity to prepare the Will dated 23rd February 2005 and consequently same is valid. The defendants entered appearance and filed a statement of defence on 25th August 2006. The defendants also counterclaimed against the plaintiff for the following reliefs: i. A declaration that, the alleged Will dated 23rd August February 2005 is not the voluntary deed of the late Opanin Kwasi Nyantakyi. ii. A declaration that house number plot 29 block C Kronum Kumasi is the joint property of the late Opanin Kwasi Nyantakyi and his children and lacks testamentary capacity to will same. iii. An order of perpetual injunction to restrain the plaintiff, his agents, servants and any person claiming title through him from interfering with the disputed house. At the close of pleadings, th...