[2023]DLCA16184July 6, 2023Court of Appeal

JOSEPH ADJEI DANSO vs BISMARK AMOAH

JUDGMENT SUURBAAREH, JA This is an appeal against the judgment of the High Court, Kumasi, dated 21st December, 2021, in which the Court dismissed the Plaintiff/Appellant’s claims, whilst granting the counterclaim of the Defendant/Respondent in respect of house No. 8 Block M, South Patasi. The facts giving rise to the instant appeal are not in much dispute. One Joseph Ahima Danso, in his last WILL and Testament, bequeathed to his wife, Mrs. Felicia Danso, and his son, Joseph Adjei Danso, his leasehold interest in a dwelling house situate on Plot No. 8 Block M, South Patasi. The Plaintiff/Appellant herein is the son of the testator, whilst Mrs. Felicia Danso, is the surviving spouse of the testator to whom the property was bequeathed. The facts also show that the property bequeathed to the Plaintiff/Appellant and her mother, Mrs. Felicia Danso, comprised a dwelling house with a vacant Plot. Mrs. Felicia Danso is now deceased. She died after she had assigned the dwelling house to the.....