JUDGMENT
SOPHIA ADINYIRA (Mrs.) JSC
The parties are beneficiaries named in the will of the late Christian William Kumi who died on 14 April 1989. The said will dated 10 March 1989 was admitted to probate on 2 March 1992. The devise under paragraph 4 (i) and (ii) of the said will were:
“4. I BEQUEATH my real estate to the following: -
(i) My proposed 3-storey building at Nii Boi Town, Abeka, to my children named in paragraph 2 supra, inclusive of my wife Doris Naadu Nartey till she remarries or dies;
(ii) My single storey building W.39 Boi Man at Abeka to my wife Doris and my children named in paragraph 2 supra in equal shares.”
The children named in paragraph 2 of the will are Christian Kumi the defendant/appellant, (hereinafter defendant) Betty Kumi and Nana Kwadwo Kumi son of the plaintiff/respondent (hereinafter plaintiff).
On 18/8/99, the plaintiff issued a writ of summons for herself and on behalf of her infant son Nana Kwadwo Kumi against the defendant at the High Court Accra. Her cla…