WUAKU J: The plaintiff-respondent instituted the action herein against the defendant-appellant. The claim reads:
“(1) The plaintiff seeks a declaration that half of the land at Wawase which originally belonged to the late Kwabena Donkor as described in clause 14 of the last will of the said Kwabena Donkor is family property.
(2) A declaration of title to and possession of that half of the land as described in the said will.
(3) Perpetual injunction to restrain the defendant, his assigns, agents and successors from having anything to do with the land.”
Before the hearing was commenced in the court below the defendant filed a motion praying for an order of transfer of the suit to the High Court because the subject matter involved the interpretation of a will. The magistrate heard the motion and in his ruling said, among other things, that:
“since a will is involved in this matter; I would transmit the docket of this suit to the supervising High Court judge, Sunyani for advice as to whether t…