IN RE SACKITEY (DECD.); DZAMIOJA ALIAS ASHONG V. SACKITEY AND ANOTHER

ASARE-KWAPONG J.

In this case the plaintiff who is an executor of the will of the late J. B. O. Sackitey, claims against the defendants herein for an order for recovery of possession of:

“(a) two-storey building No. NK. 72, Koforidua together with the outhouse attached to it and the self-contained outhouse adjacent to the two storey-building and 38 ropes of cocoa farm at Brenya Akwabourso bounded on the north by Subri River, south by Nsubadu River, east by Tetter Kado Mawunge’s property and the west by River Birim which the defendants forcibly and unlawfully seized without authority;

(b) order for account and payment to the plaintiff of all moneys wrongly received by the defendants.”

In his statement of claim accompanying the writ of summons, the plaintiff alleged the following particulars of his claim:

“1. The plaintiff is one of the executors of the will of the late Joseph Bismark Osei Sackitey of Koforidua.

2. The defendants are a daughter and a son respectively of the deceased.

3. Th…