[2023]DLCA17543 • November 9, 2023 • Court of Appeal
ISAAC OGBOJOR LAWER ABOAGYE vs. KWAME OPOKU SUBST. BY NANA KUSI BOADU AND CHARLES ODURO
JUDGMENT OBENG-DIAWUO (JA) INTRODUCTION This appeal emanates from the Judgment of the High Court, Sunyani dated, the 18th day of October, 2021 in which the Learned Trial Judge entered judgment for the plaintiff/respondent who will henceforth be referred to as the respondent in this judgment against the defendants/appellants who will be referred to simply as the appellants in this judgment, after dismissing their counterclaim. FACTS AND BACKGROUND OF THE CASE One D. T. Nkrumah in his lifetime was a wealthy timber merchant who owned properties both real and personal in Sunyani in the then Brong Ahafo Region (Now Bono Region). He died testate in or around the year 2000. Among his real properties was a parcel of land known and called South Industrial Estate, Sector 7, Sunyani on which he operated his sawmill known and called Sunyani Wood Complex Limited. The said parcel of land fell into intestacy as he did not devise same to any beneficiary in his last Will and Testament. It ha...