THE UNANIMOUS JUDGMENT OF THE COURT IS READ BY KOTEY JSC, AS FOLLOWS:-
Before us is an appeal against the judgment of the Court of Appeal partially reversing the decision of the trial High Court. This appeal is asking this court to overturn those aspects of the decision that reversed the trial High Court and to fully restore the findings of the High Court.
This is essentially a probate and administration matter interspersed with issues of ownership of portions of the estate.
The testator in the case died sometime in 1998. His Will was admitted to probate on 10th March, 2005. The estate comprised land and buildings known and described as House No. 229/19, Darkuman-Kokompe, Accra. On the said land were two constituent buildings, a large storey building, and sixteen stores. A major beneficiary of the Will was his widow, the Plaintiff and her children. When by 2011 the Plaintiff was dissatisfied with the administration of the estate by the 1st Defendant, the executor and…