COLLINS AMPONSAH BOATENG V. RETIRED MAJOR YAW AGYENIM BOATENG AND 3 ORS

JUDGMENT

POKU-ACHEAMPONG, J.A.:

This is an appeal against the judgment of a Kumasi High Court dated 10th February, 2020.  In this judgment, for reasons of convenience, the parties shall retain the designations used in the Trial Court. Thus we shall refer to the Plaintiff/Appellant as the Plaintiff and the Defendants/Respondents as the Defendants.

Per his writ of summons issued on 8/10/14 the Plaintiff Collins Amponsah Boateng averred that he was the customary successor of the late Benjamin Kofi Gyimah, and the Head of the matrilineal family of the late Opanin Kwame Kumah, Opanin Frimpong, Opanin J. Y. Adade, and Superintendent Akuoko all of Oyoko, Ashanti.  He claimed against the Defendants jointly and severally the following reliefs:

(a) A declaration that H/No. O. I. 59, Ashanti New Town, Kumasi is the family property of the Plaintiff’s said matrilineal family and therefore the said late testator Benjamin Kofi Gyimah had no testamentary capacity to have purported to devise the same to c…