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

KUSI-APPIAH, J.A.

On 26^th 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 9^th 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 17^th 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 8^th February, 2012 as follows:

Additional Grounds

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