CAPTAIN MICHAEL A. WOOD vs GEORGE WOOD

The plaintiff is a Ghanaian but domiciled in the USA.

He avers that one Micheal Atu Wood who is now deceased was his father.

His father executed a Will in his own handwriting before his death, however, the defendant claims a Will to be the deed of his late father and has caused same to be read and is attempting to obtain probate in respect of the said Will which the plaintiff says bears a forged signature of his late father.

The Writ was issued on the 6th of October 2023, for the following reliefs; (a) A declaration that purported last Will and testament of the late Michael Atu Wood dated 23rd September, 1991, is a forgery and not the act or did of the testator.

b) A declaration that the purported last Will and testament of the late Michael Atu Wood dated 23rd September, 1991, is invalid, null and void.

c) A declaration the late Michael Atu Wood died interstate.

d) Costs Upon service of the Writ and Statement of Claim on him, the defendant entered conditional appearance and filed this application to dismiss the Writ of Summons and Statement of claim for impersonation and wrong address.

In an affidavit supporting the application, the defendant avers that; 4. The Plaintiff is not known by the name as indicated on the face of the Writ of Summons and the Statement of Claim.

5. That the Plaintiff is my sibling who was born in Korle Bu Teaching Hospital, Accra and christened as Ebenezer Kojo Wood as indicated in the Last will and Testament of our father Michael A. Wood.

6. That the plaintiff fraudulently took the name “Michael A. Wood” when he sojourned briefly in the United Kingdom and used same to acquire a Ghana passport 10. That I have been advised and verily believe same to be true that since the address of the Plaintiff is defective it goes to the root of the matter.

The plaintiff is surely opposed to the application.

In an affidavit in opposition, the plaintiff deposes as follows: 7. That the foreign address given by the plaintiff and shown on the fact of the Writ of Summons and the Statement of Claim is the right address of the Plaintiff where he resides and to which all his correspondence is referred.

8. That the said address is currently operational and appears in the current driving license of the plaintiff as issued by the appropriate authorities in the USA.

9. That as recent as last year between July and December 2023, plaintiff has been in and out of Ghana at least five times.

10. That the plaintiff has never suffered any deporta