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KOFI ASAMOAH v. NANA GUAKRO EFFAH & ORS

2021

COURT OF APPEAL

GHANA

CORAM

  • A. M. DOMAKYAAREH (MRS) J. A. PRESIDING
  • A. B. POKU-ACHEAMPONG, J. A.
  • S. K. A. ASIEDU, J. A

Areas of Law

  • Civil Procedure
  • Probate and Succession
  • Property and Real Estate Law

AI Generated Summary

This interlocutory appeal arises from a Kumasi High Court order in litigation over the estate and property of the late Dr. Christian Kwaku Adjei, centering on Plot No. 13 Blk W at Takwa Makro. The Plaintiffs—children and family members—challenged a 1998 will as forged, sought intestacy under PNDC Law 111, revocation of probate and vesting assent, and invalidation of a transfer to the 3rd Defendant, also seeking possession, demolition, damages, letters of administration, and injunction. With a parallel Circuit Court suit (A9/17/17), the High Court put the Plaintiffs to election but additionally ordered that, if the Circuit Court action was discontinued, the Defendants must desist from pursuing their counterclaim. The 3rd Defendant appealed only that restraint. The Court of Appeal, per A. B. Poku-Acheampong JA, held that lis alibi pendens does not extinguish or restrain a counterclaim, which is a separate and independent action under C.I. 47, and set aside the offending order; the panel was unanimous.

JUDGMENT