[2021]DLCA16210 • February 25, 2021 • Court of Appeal
OPANIN OSEI KOFI vs. MRS. CHARLOTTE OWUSU MENSAH AND KWAME ASAMOAH
JUDGMENT DOMAKYAAREH (MRS.), JA: [1] This appeal emanates from the judgment of the High court, Kumasi dated 13th March, 2018. The suit itself was initiated on 30th July, 2004 when the Plaintiff/Appellant herein issued his initial Writ of Summons and per an Amended Writ of Summons issued on 28th May, 2015 he claimed four reliefs against the Defendants/Respondents herein namely: a) A Declaration that House No. A41 BLK ‘A’ Tarkwa Markro Layout – Suame Kumasi is the self-acquired property of the Plaintiff and that the Testator was not competent to devise same to his children in his Will. b) An order that the devise made by the Testator in respect of the House No. A41 BLK ‘A’ Tarkwa Markro Layout – Suame Kumasi be declared null and void. c) An Order for perpetual injunction restraining the Defendants, their executors, agents, workmen and assigns or any other person or persons dealing with or interested in or interfering with the property, the subject matter of the suit;...