DAVID LAMPTEY & 4 ORS vs REBECCA KWATEKAI LAMPTEY [2016]DLHC16728

Date	2016-03-18
Suit No.	SUIT NO. BMISC/373/13
Citation No.	[2016]DLHC16728

HER LADYSHIP JUSTICE BARBARA TETTEH-CHARWAY (MRS)

CHRISTIAN AZU

K.A OWUSU ANSAH

[2016]DLHC16728
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<span style="font-size:12.0pt;mso-bidi-font-size:
11.0pt;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B0F0">DAVID LAMPTEY &amp; 4 ORS<o:p></o:p>

(PLAINTIFFS)<o:p></o:p>

(DEFENDANT)<o:p></o:p>

[HIGH
COURT, ACCRA]<o:p></o:p>

&nbsp;

<a name="_heading=h.gjdgxs"></a>SUIT NO. BMISC/373/13&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 18TH MARCH 2016<o:p></o:p>

</div>

COUNSEL<o:p></o:p>

CHRISTIAN
AZU FOR PLAINTIFFS<o:p></o:p>

</div>

HER
LADYSHIP JUSTICE BARBARA TETTEH-CHARWAY (MRS)<o:p></o:p>

JUDGMENT<o:p></o:p>

</div>

&nbsp;

The main issue in this
suit related to the validity of a will purported to have been made by Joseph
Odartey Lamptey, deceased.<o:p></o:p>

&nbsp;

Briefly, the facts of this
case are that Plaintiffs and defendant are all offspring of the late Joseph
Odartey Lamptey, hereafter referred to as the deceased, who died at his home in
Akweteman, Accra on 15TH April 2012. A family meeting was held after
the deceased’s death at which it was decided
that the family head should take care of the properties of deceased
until letters of administration were obtained from the Court
to administer his estate.
Subsequently, the parties
were informed that the deceased
had left behind a will. The said will was read at the High Court,
Accra, on 26th June 2012, in the presence of the parties.
Plaintiffs immediately raised
red flags concerning the authenticity of the deceased’s signature on the
will; defendant, on the other hand, was quite satisfied with its contents as in
her own words, she was given the lion’s share of deceased’s estate. On the blind side of plaintiffs, defendant
applied for and obtained letters of administration with will annexed from the
High Court on 15th October 2012. Armed with </main>