ADUAMA OSEI JA:
In this judgment, the Plaintiff/Applicant/Appellant is referred to as “the Plaintiff”, and the Defendants/Respondents/Respondents are referred to as “the Defendants”.
On the 1st of April, 2015, the Plaintiff caused a writ of summons to be issued in the High Court, Kumasi, seeking against the Defendants jointly and severally declarations and orders which included:
i) a declaration that the Plaintiff is the only surviving spouse of the late Nana Dwumah-Ababio also known as Nana Kofi Dwumah, also known as Joseph Kofi Frempong (who shall hereafter be referred to as “the Deceased”);
ii) a declaration that a Will purportedly made by the Deceased, was not his deed and was fraudulently obtained;
iii) a declaration that the properties listed or mentioned in the said Will were all properties acquired by the Deceased jointly with the Plaintiff; and
iv) an order of perpetual injunction.
Before pleadings closed in the action, the Plaintiff on the 13th of October, 2015, filed an ap…