On 28th May 2015, the original plaintiff issued writ of summons and claimed against the defendants as follows:
a) A declaration that house No. plot 41 Block “A” Tarkwa Maakro Layout-Suame Kumasi, is the self –acquired property of the Plaintiff and that, the testator was not competent to devise same to his children in his Will.
b) An order that the devise made by the testator in respect of House No. plot 41 Block “A” Tarkwa Maakro Layout-Suame Kumasi, be declared null and void.
c) An order for perpetual injunction restraining the defendants, their executors, agents, workmen and assigns and any other person or persons dealing with or interfering with the property the subject matter of this suit.
d) Recovery of possession.
The defendants filed their defence to the action and resisted the claim.
At the application for directions stage, the following issues were set down for trial:
1. Whether or not the plaintiff acquired plot No. 41 Block “A” Suame Tarkwa Maakro Kumasi and developed same with hi…