[2024]DLHC18090March 7, 2024High Court

WILLIAM BINEY AKAKPO & ANOTHER vs. ERIC CHIANI AKAKPO & ANOTHER

The suit concerns the validity of the purported Will and testament of the late Helen Ocansey. The 1st plaintiff died and was substituted by the 2nd plaintiff. The plaintiffs allege the Will was forged and fraudulent, seeking to set aside the Will and probate, declare intestacy, and restrain defendants from dealing with estate properties including a house at East Legon, Accra.

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RULING The Writ in this suit was issued on the 10th of March 2022. The 2nd plaintiff subsequently sought to substitute the 1st plaintiff who had died. The Writ was amended on the 1st of February 2023 and on 29th March 2023 seeking the following reliefs: i. An order to set aside the purported Will and testament of the late Helen Ocansey was forged, and fraudulent and therefore null and void and of no legal effect ii. An order to set aside the grant of probate made by the High Court on the 25th day of March, 2019 of the contents of the supposed Will of the late Helen Ocansey on the grounds that same was fraudulently forged and or procured iii. An order directed at the defendants herein to account for all assets and or items of the estate that they have upon the strength of the probate granted them on the 25th day of March, 2019 dissipated or utilized iv. A declaration that the purported Will of the late Helen Ocansey having been forged and fraudulent; therefore means that ...