REV. FATHER JOHN TAKYI vs. ERIC KOSA, OP. BADU KONTOR

YAW DARKO ASARE, JA The Plaintiff’s case is that he is the surviving Executor of the Estate of the late Opanyin Kwaku Yeboah who by his last Will and Testament dated the 7th of January 2012, bequeathed the house in dispute, viz H/No. L 150/2 Abanim-Techiman to certain beneficiaries. Contending that the 1st Defendants who is not a beneficiary under the said Will but had illegally entered onto the said land, demolished an existing building erected thereon and had commenced the construction of a new building in its stead, the Plaintiff instituted the instant action for declaration of title and recovery of possession, general damages for trespass and an injunction. On the 6th of December 2017, one Opanyin Badu Kontor, claiming to be the brother of Opanyin Kwaku Yeboah the deceased Testator, successfully applied to the trial court to be joined as a 2nd Defendant to the suit, whereupon the trial court set a time limit of 21 days for the writ of summons to be amended and served on the .....