KWABENA ANTWI BROBBEY vs. MARY AKUA KONADU (DEC’D) & KOFIE FOFIE

JUDGMENT GIFTY DEKYEM J. A. INTRODUCTION: This is an appeal by the Defendant/Appellant (hereinafter called Defendant) against the judgment of the High Court, Kumasi, dated 27 November 2020, in favour of the Plaintiff/Respondent (hereinafter called the Plaintiff). At the trial court, there were two plaintiffs and two defendants but at the appeal stage we have one plaintiff and one defendant as two of the parties have passed on. BACKGROUND: THE CLAIM: The Plaintiff averred in their amended statement of claim that the 1st Plaintiff is the customary successor of the late Simon Kwadwo Badu (hereinafter called the deceased), who died intestate on 23 March 1995, while the 2nd Plaintiff is a principal member of the deceased's family. Plaintiff asserted that they are beneficiaries under the Will of the late Kofi Fofie (hereinafter called the testator), to which the executors obtained probate on 6 April 1992. The Plaintiff contended that the testator succeeded his late broth...