[2021]DLCA10061January 28, 2021Court of Appeal

OBAAPANIN NANA AKUA POKUAH, AMA AMPONSAH, AKUA NSENKYIRE AND FRANK BEDIAKO vs. NANA SARFO AND BENJAMIN BRAYIE ADUSEI, ANTHONY K. MENSAH AND GEORGINA MENSAH

DOMAKYAAREH (MRS.), JA: [1] In this appeal, the Plaintiffs/ Appellants who will herein after the called the Appellants averred in their Amended Statement of Claim that they are principal members of the Nkofe family of Aframa and Adadiemu in the Ashanti Region of Ghana. They initially issued the Writ against Nana Sarfo and Benjamin Brayie Edusei who were the named Executors of an alleged Last Will and Testament of John Edward Mensah (deceased). Later, upon the death of both Defendants, upon application, Anthony K. Mensah and Georgina Mensah Poku who are children of the deceased John Edward Mensah were substituted in place of the deceased Defendants. They are the Defendants/Respondents in this appeal and will herein after be called the Respondents. [2] By their Amended Writ of Summons filed on 28th October, 2013 in the Registry of the High Court, Kumasi, found at page 136 of the Record of Appeal, the Appellants claimed as many as six reliefs against the Respondents jointly and several...