BROWN V. DARKO AND ANOTHER

OLLENNU J.: The plaintiff is a beneficiary under the will of the late Joseph Quao Arthur. The defendants are the executors named under the said will of which exhibit A is a copy of the probate. By her writ, the plaintiff claims two reliefs namely: (1) an order upon the defendants to execute a deed conveying to her a plot of land devised to her under the said will; and (2) an order for the payment of the sum of £G50 bequeathed to her under the said will.

Apart from pleading the devise and bequest, all the facts pleaded by the plaintiff in her four paragraphed statement of claim are contained in paragraph 3 of her said statement of claim which is as follows: “3. Since November, 1955 and despite requests the defendants have failed and still fail to convey the said land to the plaintiff and to pay to her the bequest of £G50”.

The defence to the claim is that: (1) the land devised under the will cannot be identified and therefore no conveyance of it could be executed in favour of the plainti…