NANA ALVIN ATTA & ANOR V. STEPHEN A.L. DWIMOH JNR

JUDGMENT

MENSAH-HOMIAH, JA:

INTRODUCTION

This appeal arises from the decision of the High Court, Kumasi, rendered on 9 February 2022 in which the 2 plaintiff/appellant’s claims for the setting aside of letters of administration granted to the defendants/respondents  in respect of the estate of her deceased father; an order for accounts of the assets of the deceased; and an order setting aside the assignment of property numbered plot 71, Danyame Residential Area, Kumasi, were dismissed; and Judgment entered for the defendants/respondents on their counterclaim. Dissatisfied with the outcome, the 2 plaintiff/appellant has approached this court seeking to challenge the judgment.

In this judgment, the designations of the parties at the court below will be maintained.

FACTS

The record reflects that 1 plaintiff died before the trial commenced but he was not substituted. The trial therefore proceeded with only one plaintiff, i.e. the 2 plaintiff. The 2 plaintiff who sued per her lawful attorney, de…