KWAME YEBOAH FREMPONG, NANA FREDUA FREMPONG, YAW ADOMAKO FREMPONG AND KWAKU OFOSU FREMPONG vs. OBENEWAA FREMPONG, TABUAH FRIMPONG AND ASANTEWAH FRIMPONG [2019]DLHC6864

KWAME YEBOAH FREMPONG, NANA FREDUA FREMPONG, YAW ADOMAKO FREMPONG AND KWAKU OFOS... [2019]DLHC6864

Date	2019-05-27
Suit No.	SUIT NO: GJ/ 292/2015
Citation No.	[2019]DLHC6864

HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO

JOSHUA AMIDU KANTON FOR THE PLAINTIFFS

ALI GOMDAH ABDUL-SAMAD WITH RITA KUNKUTI ALI FOR THE DEFENDANTS

[2019]DLHC6864
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >KWAME YEBOAH FREMPONG,
NANA FREDUA FREMPONG, YAW ADOMAKO FREMPONG AND KWAKU OFOSU FREMPONG<o:p></o:p>(PLAINTIFFS)<o:p></o:p>vs.<o:p></o:p>OBENEWAA FREMPONG,
TABUAH FRIMPONG AND ASANTEWAH FRIMPONG<o:p></o:p>(DEFENDANTS)<o:p></o:p>[HIGH COURT (GENERAL JURISDICTION DIVISION), ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

SUIT
NO: GJ/ 292/2015&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; &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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE: 27TH MAY, 2019<o:p></o:p>

</div>COUNSEL: <o:p></o:p>JOSHUA AMIDU KANTON FOR
THE PLAINTIFFS <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

ALI
GOMDAH ABDUL-SAMAD WITH RITA KUNKUTI ALI FOR THE DEFENDANTS <o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

HIS
LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

</div>i.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Introduction:<o:p></o:p>[1]&nbsp;&nbsp;&nbsp;&nbsp;
There are no “winners” in this litigation. While a judgment such as this
may bring elation to either the Plaintiffs or the Defendants that justice has
been served, there can be no assurance that the relationship between the
parties herein will be completely ever repaired. This is a case between
brothers as Plaintiffs and their sisters as Defendants. And the subject matter
of the dispute is the Last Will and Testament of their late father, Frempong
Kofi Yeboah deceased.&nbsp; In my respectful
opinion the fact that the deceased left a property in his name for his children
and taking into consideration the Deceased’s life worth and accomplishments as
presented to the Court, his life ought to have been celebrated rather than his
passing being litigated by his children. <o:p></o:p><o:p>&nbsp;</o:p>[2]&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Quite
clearly, this is one case that is most suited for the Alternative Dispute
Resolution (ADR) program especially because all the parties are of the same
nuclear family. It is certainly a case of fractured relationships and I am of
the respectful view that mediation could have provided the soothing balm the
parties need to mend their relationship at a time that they have lost a
stalwart of their family. It is therefore a sad case that they did not avail
themselves to mediation in spite of the availability of that option. The Court
notes that after the evidence and before judgment, it was revealed that the 1st
Plaintiff, who testified for and on behalf of the Plaintiffs has also passed.
Undoubtedly, this litigation has not contributed
markedly to the happiness of any of the parties herein and so I can only hope
that they shall work within the framework of this judgment to once again remind
themselves that they are all the children of Frempong Kofi Yeboah and live as
such. <o:p></o:p><o:p>&nbsp;</o:p>[3]&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; This suit was
instituted by the Plaintiffs against the Defendants as a result of an alleged
fraud and forgery of the Last Will and Testament of the late Frempong Kofi
Yeboah (deceased). According to the Plaintiffs the deceased did not execute the
alleged Will. <o:p></o:p><o:p>&nbsp;</o:p>ii&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Brief Facts/Background<o:p></o:p>[4]&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The
facts of the case are that after the death of the father of the Parties herein,
the 1st Plaintiff and the 1st Defendant applied for Letters of Administration
with the belief that the deceased died intestate to administer his estate.
According to the Plaintiffs the 2nd Defendant herein later filed a caveat
against the grant of the application on the grounds that a search conducted at
the Court revealed that the deceased died testate. The Plaintiffs say they had
cause to believe that the deceased did not execute a Will and so they issued
the instant Writ of Summons against the D</main>