PAUL OPOKU SUBST BY CHRISTIAN BOBIE ANSAH v. JAMES TWUM DECEA SUBST BY SUSSAN OSEI

ASIEDU, JSC:

[1.0]. INTRODUCTION

My lords, this is an appeal against the ruling of the Court of Appeal dated the 20th December, 2023, in which the Court of Appeal refused an application by the Defendant/Appellant/Appellant (hereinafter referred to as the Appellant) praying the Court to restore an appeal which had been dismissed by the Court on the 18th February, 2015. The Plaintiff/Respondent/Respondent shall hereinafter be referred to as the Respondent.

[2.0]. FACTS

My lords, the undisputed facts on record are that, by an amended writ of summons and accompanying statement of claim, the Respondent claimed against the Appellant before the High Court, Kumasi, reliefs in the following terms:

a. All that cocoa and food crops farm at a place commonly known and called Anyinasuona near Ahenkro/Ashanti on Ahenkro/Ashanti stool land and bounded with the farms and or parcels of land of Kweku Owusu, Opanin Boamah and Opanin Bannor.

b. All that cocoa farm and farmstead situate at a place commonly known and called NAME NAHO near Ahenkro/Ashanti on Ahenkro/Ashanti stool land and bounded with the farms and or parcels of land of Opanin Kwasi Yentumi, Opanin Kwame Agyen and Madam Akosua Pokuaah.

c. House No. A.O. 96 situate at Ahenkro/Ashanti on Ahenkro stool land.

d. All that farmstead situate at a place commonly known and called ANITOA and also called TAAKWA DWOSO near Ahenkro/Ashanti on Ahenkro/Ashanti stool land and bounded with the farms and or parcels of land of Kwadwo Donkor, Kwasi Wiredu, Kwasi Yentumi, and Akua Amponsah are all the family properties of the Plaintiff’s matrilineal family and as such the late Opanin Kwadwo Twum (deceased) had no testamentary capacity over them. That any devices and or bequests purportedly made by the late Opanin Kwadwo Twum in his last Will and testament dated the 12th day of February, 1988 to any person or persons in respect of those properties are null and void and of no effect whatsoever.

e. That the late Kwadwo Twum had no testamentary capacity over any of the properties above referred to, the same being family properties of the Plaintiff’s matrilineal family.

f. That any devices and or bequests the late Kwadwo Twum purported to make in respect of those properties in his said Will and Testament are null and void and of no effect whatsoever.

g. Damages for trespass

h. Recovery of possession

i. An order of perpetual injunction restraining the defendants, their agents, workers, labourers, successors accordin