GEORGE LUTTERODT & ORS v. JACOB DEVEER LUTTERODT & ANOR

JUDGMENT

This action was initially commenced at the High Court (General Jurisdiction) on 02/08/2012. It was however transferred to this court by a transfer order under the hand of the Honourable Chief Justice dated 06/05/2015. Prior to the transfer of the suit, the parties amended their pleadings on 28/03/2014 and 16/05/2014 respectively.

The reliefs sought by the Plaintiffs as per the endorsement on their writ of summons are:

A declaration that the Plaintiffs as children and acting head of family respectively and the main beneficiaries of the estate of Joseph Emmanuel Conduah Lutterodt (deceased) are the proper persons entitled to administer his estate in terms of his last Will.

An order revoking the Letters of Administration with will Annexed in respect of the estate of

Emmanuel Conduah Lutterodt granted by the High Court, Kumasi to the Defendants on 12th August, 2009

A further declaration that the Defendants have no right or power to undertake any constructional work in House Number 27, Mbrom, Kumasi.

An order of injunction to restrain the Defendants, their Workmen, servants, agents, assigns and all/or those claiming through them from undertaking further development of the said Mbrom property.

Such further Orders as the Honourable Court may deem fit.

THE PLAINTIFFS' CASE

The Plaintiffs' described themselves as children and nephew/head of family respectively of the late Joseph Emmanuel Conduah Lutterodt who died on 02/10/1984. The Defendants have also been described as the Administrators of the estate of the deceased. It is the Plaintiffs' case that the Will and Codicil of the Testator were proved in solemn form in a probate action instituted by Nelly Yacoba Agyeman, a daughter of the Testator, and their validity affirmed by the High Court. Two of the executors died and the rest renounced probate so the Defendants herein obtained Letters of Administration with will Annexed from the Kumasi High Court on 12/08/2009.The plaintiffs contend that the 2nd Defendant is just a nominal beneficiary under the Will and that the Letters of Administration with Will Annexed was made without the prior knowledge and consultation with the children and head of family of the Testator who are the main beneficiaries of the estate and that the 2nd Defendant acted fraudulently. They further alleged that the Defendants have refused to administer the estate and have also not vested the immovable properties in the respective beneficiaries. Again, the Plaintiffs asserted t