[2021]DLHC11355July 30, 2021High Court

NANA YAW SINTIM vs. JOHN OKYERE DARKO AND MADAM NAFISATU IBRAHIM ALI

1.0 INTRODUCTION: In her life time, the late COMFORT OFORIWAA executed a will and appointed the Plaintiff herein and another person as the Executors of her last Will and Testament. 1.1 On the death of the testator, COMFORT OFORIWAA, the Executors applied for and were granted probate to administer the estate of the deceased, testator, COMFORT OFORIWAA aforementioned. 1.2 Unfortunately the other executor died so upon an application by the Plaintiff, the probate was amended to make him, the Plaintiff, the sole executor of the estate of COMFORT OFORIWAA, aforementioned. 1.3 The 1st Defendant, without any authority from the Plaintiff, has purportedly sold a property forming part of the estate to the 2nd Defendant and he has also taken possession of same. The Plaintiff has therefore initiated the present action seeking the reliefs jointly and severally against the Defendants. 1.4 The 2nd Defendant upon service of him of the writ however failed and/or refused to enter appearance let al...