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AKOTO AND ANOTHER V. MOSI AND ANOTHER

(1992) JELR 69368 (CA)

Court of Appeal  •  21 May 1992  •  Ghana

Coram
ESSIEM JA, ADJABENG JA, FORSTER JA

Appearances
KODUA FOR THE DEFENDANTS-APPELLANTS; AKENTENG FOR THE PLAINTIFFS-RESPONDENTS.

Judgement

ESSIEM JA.

This is an appeal from the judgment of the High Court, Kumasi by which that court gave judgment in favour of the plaintiffs. The defendants, being aggrieved by the said judgment have appealed to this court.

The case concerns the estate of the late Nana Osei Akoto. The said Nana Osei Akoto is alleged to have died testate and the action was for the following reliefs:

β€œ1. A declaration that the will of the late Nana Osei Akoto dated 13th June 1986 is valid.
2. A declaration that the late Nana Osei Akoto was of a sound mind and consequently had the mental capacity to make the said will dated 13th June 1986 without any pressure or influence.
3. An order to surrender all documents relating to the estate of the deceased.
4. Recovery of all rents commencing from 1st August 1986 to the date of judgment.
5. Perpetual injunction to restrain the defendants, their agents or servants from interfering with or having any dealings with any properties of the late Nana Osei Akoto which are not devi…

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