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JAMES KWAME HALM & Anor v. ROBERT MAXWELL ALLOTEY

(2019) JELR 107099 (HC)

High Court  •  GJ/1719/2017  •  20 Feb 2019  •  Ghana

Coram
AFIA SERWAH ASARE-BOTWE (MRS.)

Judgement

JUDGMENT

This case commenced on the 23rd of November, 2017, with the Plaintiff seeking the following reliefs;

a. A Declaration that the purported Will of Sarah Ayikai Aryee deceased, dated 24th day of March, 2016 is invalid as same is tainted with irregularities.

b. Consequently, the estate of the late Sarah Ayikai Aryee be declared intestate.

c. Costs.

PLAINTIFF’S CASE

The plaintiffs say that they are children and beneficiaries of the estate of their deceased mother Sarah Ayikai Aryee and that their deceased mother died on 18th June 2016 at the Korle-Bu Teaching Hospital in Accra. They say that after their mothers’ burial, a purported Will was read at High Court Accra to the family under the auspices of the Defendant.

Plaintiff’s further state that they procured a copy of the purported Will of their mother and thereafter consulted their Counsel with instructions to file a caveat against the possible grant of a probate.

It is their case that they were served with the warni…

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