NICHOLSON AMOASHIE & ANOR VS MARY AMOASHIE & ANOR

The Plaintiff on the 19th day of August, 2022 caused a Writ of Summons to be issued against the Defendants herein and claimed jointly and severally against them for the following reliefs: (a) A declaration that the plaintiffs are the beneficiary owner of H/NO: QC 15/12, Queen City, Ofaakor pursuant to the devices in the deceased’s Will and the grant of the probate to them.

b) An order ejecting the Defendants from the room each of them occupies in the said house.

c) Perpetual injunction to restrain the Defendants, their assigns, privies, personal representatives etc.

from interfering with the Plaintiff’s peaceable possession and occupation of disputed house, and also from laying adverse claim to the disputed property.

d) Costs including legal costs.

THE CASE OF THE PLAINTIFFS According to the Plaintiffs, they are the executors and beneficiaries under the Will of the late Nicholas Mashie (deceased) of Ofaakor in the Awutu-Senya East Municipality in the Central Region of Ghana and they sue in that capacity.

The Plaintiffs aver that, the 1st Defendant is a sister of the aforesaid deceased, Nicholas Amoashie, and lives in one of the rooms of a house bequeathed to the Plaintiffs in the said Will.

The Plaintiffs further contend that the2nd Defendant is a son of the deceased’s elder daughter and also lives in the room bequeathed to the Plaintiffs whilst the 3rd Defendant operates a barbering shop in a storeroom bequeathed to the Plaintiffs in the said Will.

The Plaintiffs state that their deceased father died testate on 15th May, 2021 at Korle-Bu Teaching Hospital and was buried on the 25th day of September, 2021. The Plaintiffs aver that on the 8th day of November, 2021 the last Will of their deceased father was read at the High Court premises, Winneba in the presence of Peter Amoashie (Brother of the Testator); Emelia Amoashie (Daughter of Testator); Nicholas Amoashie (Son and Executor); and George Amoashie (Son and Executor). The Plaintiffs state that prior to the reading of the Will, the Registrar of the High Court, Winneba per a letter dated 27th October, 2021 invited Mary Amoashie, the 1stDefendant and one Mercy Amoashie both sisters of the testator to attend the reading of the said Will together with those named in paragraph 6 of the Statement of Claim herein but both of them refused/failed to attend.

According to the Plaintiffs, probate of the last Will of the deceased testator was granted to the Plaintiffs, as executors of the said Will, by the H