[2022]DLHC11760January 31, 2022High Court

FRANK BAWUAH AND 4 OTHERS vs. THOMAS DWABO

The Plaintiffs issued a Writ of Summons against the Defendant on 25th February, 2021 seeking the following reliefs: a) A declaration that the purported Will does not meet the requirements of Section 2(6) of the Wills Act, 1971 (Act 360) and to that extent, be declared a nullity. b) An order to set aside the purported Will of Opanin Yaw Bohene (Deceased). c) An order of this court to declare that Opanin Yaw Bohene died intestate and that his estate should be distributed in accordance with PNDC Law III, (Intestate Succession Law, 1985). d) Perpetual injunction restraining the Defendant, his agents, assigns, from saying (Sic) that Opanin Yaw Bohene died testate. The Defendant filed his Statement of Defence on 22nd March, 2021. At the Application for Directions stage, the following issues were set down for determination by the Court: 1. Whether or not Opanin Yaw Bohene (Deceased) understood only Twi language. 2. Whether or not the content of the purported Will was read and explain...