OPANIN KOFI TABI AND 2 OTHERS vs AKOSUA SARPOMAA AND KWABENA WIAFE

JUDGMENT MENSAH-HOMIAH, J.A. INTRODUCTION: Before us, is an appeal taken against the Judgment of the High Court sitting in Kumasi, dated 19th December 2019 wherein the trial Judge entered Judgment for the Plaintiffs/Respondents (hereinafter referred to as Plaintiffs) against the Defendants/Appellants (hereinafter referred to as the Defendants) in a probate action before the court. By a Notice of Appeal filed on 23rd December 2019, the Defendants invoke our jurisdiction to set aside the said Judgment together with the orders contained therein. THE FACTS OF THE CASE Following the death testate of one Kwaku Duku, the Plaintiffs, a brother & principal member of Kwaku Duku’s family, respectively, filed a Caveat at the High Court, Kumasi. The High Court eventually removed the Caveat and granted probate to the 1st and 2nd Defendants as the Executors/Trustees. The Plaintiffs then commenced the instant action against the two Executors/Trustees and the 3rd Defendant as a surviving spo.....