GODLOVE WILLIAMS & 5 ORS. VS PROFESSOR DAVIE ARDAYFIO & 2 ORS.
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE SARAH ARYEE (MRS.), J.
Areas of Law
- Civil Procedure
- Probate and Succession
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiffs, children of the late Joseph Collins Williams, sought to invalidate a Will and asserted that their father died intestate. They sought various injunctions against the defendants, also children of the deceased, particularly regarding the control of a church property. Due to disputes, the police intervened and secured the church keys. An application for interlocutory injunction was filed and opposed. After consideration, Justice Sarah Aryee refused the application, emphasizing the need to avoid chaos by not opening the church until the issues were resolved.
The writ was issued on the 10th of March 2023 accompanied with a Statement of Claim.
The plaintiffs says they are children of the late Joseph Collins Williams. The 1st defendant is an executor whilst the 2nd and 3rd defendants are also children of the deceased.
They claim the following reliefs; a) A declaration that the document dated 27th September, 2014 alleged to be the purported last Will and Testament of the late Joseph Collins Williams (deceased) is invalid null and void and of no legal effect.
b) A declaration the late Joseph Collin Williams never executed a Will properly so called and therefore died interstate and his estate falls to be distributed under interstate succession Law 1985 (PNDC Law 111)c) A declaration that Samuel Lamptey Williams and Winnifred Williams have no right to lock the church building which forms part of the estate of Joseph Collins Williams(deceased)d) An order directed at the Police (Dansoman Police Station to release the keys and the open the church building for members to worship and fellowship at the church (Truth and Life Ministry) until the final determination of the suit.
e) An order directed at the 1st Defendant restraining him from applying for probate of the purported Will of Joseph Collins Williams allegedly executed on and dated 23rd September, 2014 until the final determination of the suit f) An order of perpetual injunction restraining the defendants particularly 2nd and 3rd defendants their assigns, privies, representatives, workmen, hirelings from interfering with the estate of Joseph Collins Williams g) Any other reliefs as the court deems fit and just The instant application was filed by the plaintiffs on the 17th of May 2023 for Interlocutory Injunction to restrain the 2nd and 3rd defendants from further interfering with the operation of the church (Truth and Life Ministry). In support of the application, the applicant deposes that there is an alleged Will of the deceased which is yet to be probated but the 2nd and 3rd defendants have taken over the property and prevented other beneficiaries including the plaintiffs from having access to the property.
They said as a result of ongoing disagreement between the parties, the Police intervened to maintain Law and Order.
The keys to the church building are in the custody of the Police.
The defendants filed an affidavit opposing the application.
The defendants depose that after an application for Probate was filed disagreements ensued leading to fights.