ASARE MANU & ANOR vs DAVID SOWAH & ORS

INTRODUCTION

[1] Esther Choochoo Yarboye, a native of Teshie and a resident of Nsukwa, Koforidua, died on 2 October 2004 and left a will. Probate was granted on 24 July 2018 to the Plaintiffs, who were the named Executors. The Defendants are alleged to have intermeddled in the estate of the deceased by occupying and renting rooms in House Number 470/7 Shotso Lane, Teshie, which formed part of the estate of the deceased. The Defendants deny the claim of the Plaintiffs and challenge the validity of the document presented by the Plaintiffs as the last Will and Testament of the deceased, and allege that the document presented by the Plaintiffs is not the deed of the deceased and a product of fraud. The main question that this court is called upon to answer is the validity of the document presented by the Plaintiffs as the last Will and Testament of the deceased and whether the Defendants have intermeddled in the estate of the deceased.

PLAINTIFFS’ PLEADINGS

[2] It is the case of the Plaintiffs that they are the named Executors of the Will of the late Esther Chochoo Yarboye, who died on 2 October 2004, and Probate was granted on 24 July 2018. According to Plaintiffs, H/No. 470/7 Shostso Lane, Teshie, forms part of the estate of the deceased.

[3] According to Plaintiffs, Defendants are relatives of the deceased and 1st Defendant is a beneficiary of the estate of the deceased. It is the case of the Plaintiffs that the Defendants have intermeddled in the estate of the deceased and that 1st Defendant has occupied the rooms he is entitled to and the Defendants collectively have rented all rooms in H/No. 470/7 Shostso Lane, Teshie.

[4] It is the case of the Plaintiffs that, for about ten years and since 2016, when the last Will and Testament of the deceased was read and after probate was granted, the Defendants have refused to make the property available to the beneficiaries under the Will.

[5] The Plaintiffs, on 18 November 2020, issued out a Writ of Summons against the Defendants claiming the following reliefs:

1. A declaration that the Defendants are intermeddlers and ought to be accountable to all beneficiaries for the way they have taken control and managed the estate of Esther Chochoo Yarboye.

2. An order directed against the defendants as intermeddlers to account for their dealings with the estate of Esther Chochoo Yarboye (deceased) and for payment of all monies found due.

3. Perpetual injunction restraining the Defendants by them