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NORA OTOO, EMMANUEL E.K.N. OTOO AND FELIX NORTEY OTOO V. REUBEN OTOO, RICHARD OTOO, RUDOLPH OTOO, FRANCIS OTOO AND NARTEY OTOO

(2012) JELR 63671 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/33/2012  •  15 Nov 2012  •  Ghana

Coram
ASARE-KORANG J.A. [PRESIDING], KUSI-APPIAH J. A, AYEBI J.A.

Judgement

KUSI-APPIAH, J.A.:

On 26th October, 2009, the High Court in Accra presided over by Ofosu Quartey J. entered judgment for the plaintiffs that by the Last Will and Testament of the late Edward Kabu Otoo dated 9th February, 1944 the late Gederah Tei Otoo, Joseph Kabufio Otoo, Tetteh Nkunor Otoo, Edward Kabu Nkunor Otoo Elijah Kabu Otoo and Nartey Tawiah Otoo were the beneficiaries of the income from the properties at Achimota, known as the Mobile Service Station and at Osu known as the American Embassy Annex.

Aggrieved by and dissatisfied with the said judgment, the defendants filed a notice of appeal dated 17th December, 2009 as follows:

“a The judgment is against the weight of evidence.

b Further grounds shall be filed on receipt of judgment and

proceedings.”

Pursuant to leave granted by this court, the defendants file additional grounds of appeal on 8th February, 2012 as follows:

Additional Grounds

“1 That the trial judge failed to appreciate that the plaintiffs/respondents lacked capacity …

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