IN RE BILL (DECD.); BILL AND OTHERS V. BILL AND ANOTHER

AMMAH J.: This is an application on notice filed on 10 February 1986 raising a preliminary legal point:

“(a) whether or not originating summons is the appropriate process in this case, where to the knowledge of the plaintiffs there are contentious issues or issues of fact in which there is no agreement;

(b) Whether or not the affidavits herein disclose disputed issues; and

(c) Whether or not in the face of the Court of Appeal judgment in Korblah II alias Tetteh v. Odartei III [1980] G.L.R. 932, C.A. the instant originating summons, should be dismissed in limine.”

On 9 April 1985 the plaintiffs issued an originating summons directed against the defendants for the determination of certain questions as stated in the originating summons touching on the estate of Charles Ahia Bill deceased. The originating summons was supported by an affidavit setting out the facts relied on. The defendants on 27 March 1986 filed in opposition a corrected affidavit by order of the court.

In arguing the presen…