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JOSEPH AKONU-BAFFOE AND 2 OTHERS V. LAWRENCE BUAKU AND ANOTHER

(2012) JELR 68585 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/6/2012  •  12 Dec 2012  •  Ghana

Coram
ANSAH J.S.C. (PRESIDING), ADINYIRA (MRS) J.S.C., DOTSE J.S.C., ANIN YEBOAH J.S.C., AKOTO-BAMFO (MRS) J.S.C.

Judgement

JUDGMENT

ANSAH, J.S.C.

The facts of this case are hardly contentious. In 1992, Thomas Kobina Bremansu executed a will and named the defendants/respondents/respondents (hereinafter "the respondents") as executors. Upon Bremansu's demise, they applied for and obtained probate to deal with his estate. When the respondents attempted to take charge of one of Bremansu's properties in Takoradi, it became known that the late Bremansu had executed another will in 1995. The plaintiffs/appellants/appellants (hereinafter "appellants") were named the executors of the latter will. The appellants consequently brought an action for "an order that probate of the estate of Thomas Kobina Barimansu granted to the defendants be called in and revoked for want of interest and for dissipating the estate." The respondents counterclaimed and sought "an order setting aside the alleged will of the deceased dated 22nd day of February, 1997 on the grounds that it is not the deed of the deceased." The trial judge ent…

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