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NSIAH AND ANOTHER V. MENSAH

(1975) JELR 82739 (HC)

High Court  •  3 Nov 1975  •  Ghana

Coram
BAIDOO J.

Appearances
Hayfron-Benjamin for the applicant. T. A. Totoe for the plaintiff

Judgement
<p style="text-align: center;"><strong><u>JUDGEMENT</u></strong></p><p style="text-align: justify;"><strong>BAIDOO J.</strong></p><p style="text-align: justify;">Baidoo J. The plaintiffs by their action are claiming against the defendant a declaration that certain properties in the possession of the defendant are family properties. After the close of pleadings the defendant unfortunately died. This application has therefore been filed by G.K. Mensah alias Nana Oppong Tuasekan II, Kofiasehene, who claims to be one of three executors appointed under a will alleged to have been executed by the defendant in his lifetime. He is applying that the said three executors appointed in the said will be substituted in place of the deceased defendant.</p><p style="text-align: justify;">A copy of the will is attached to the motion as exhibit A and an examination of the relevant court docket reveals that three different persons have each filed a caveat to prohibit grant of probate. As the grounds for filing the caveats have not as yet been probed it cannot at this stage be assumed there is a valid will. I therefore hold that in view of the tough opposition raised by the plaint…</p>

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