HEWARD-MILLS V. HEWARD-MILLS AND OTHERS

ADJABENG JA. The fundamental issue which this court ought to determine in this appeal, in my view, is the issue whether or not the plaintiff’s action was competent or properly before the trial court. It is the contention of the defendants-appellants that the trial court failed to tackle this issue because the court failed to appreciate the legal grounds upon which the appellants’ application in the court below was based. Also, that this lack of appreciation made the trial judge allow herself to be influenced by matters not pertinent to the issues argued before the court, and thus rendered the decision of the court unsupportable in law.

The facts of this case are that the plaintiff, the 1st and 2nd defendants are all children of the late Albert Gillies Heward-Mills, Barrister-at-Law, of James Town, Accra. The 3rd defendant is the executor of the will of the late J N Heward-Mills, also a child of the said Albert Gillies Heward-Mills (deceased). The said Albert G Heward-Mills during his l…