TABITA TREBI & ANOR v. OSUMANU ASHITEI AMARHNKPA, LA & ANOR

[1] Introduction

The Plaintiff seeks a declaration and prays for the invalidity of the deceased George Trebi Anyankor last Will and Testament on the basis that the sole property, property Z14, Lomo Adawu Street, La described in the Will as Plot No. 46 East Cantonments with registration Number GA28993 is rather the self-acquired property of their late mother Ernestina Atswei Adjetey and therefore the deceased lacked testamentary capacity over same. This version of the issue is hotly contested by the Defendants (Executor and Son) that the property in contention is the self-acquired property of the late Goerge Trebi Anyakor (deceased) and that therefore the deceased had the requisite testamentary capacity.

The Plaintiffs issued a Writ of Summons with an accompanying Statement of Claim for the following reliefs:

1.A declaration that the Will of GEORGE TREBI ANYANKOR (deceased) dated 31st day of January, 2020 is invalid as he never owned ‘the property’ Z14, Lomo Adawu Street, La (however so described).

2.An order for the cancellation by the Lands Commission of land title certificate no. GA 28993 volume 8 folio 260 which stands in the name of George Trebi Anyankor (late).

3.An order for Frank Trebi to hand over to Tabita Trebi her two chamber and halls which he has hijacked since completion in 1999 and to account to her for all the accrued rent income.

4.Any other relief as this Honourable Court may deem appropriate.

The Defendants caused appearance to be entered on their behalf and filed a Statement of Defence on 31st May 2023 and counterclaimed for the following reliefs:-

1.A declaration that the Will of George Trebi Anyankor (deceased) dated 11/1/2020 is valid.

2.An order declaring the Land Certificate No. GA 2993 Volume 8 Folio 260 which stands in the name of George Tebi(sic) Anyankor (deceased) as valid.

3.An order confirming Frank Trebi Anyankor, 2nd Defendant herein owner of the 2 chamber and hall apartment he build them.

4.Any other order or orders the Court would deem feet (sic).

[2] The antecedent contentions which necessitated the disputations before this Court can be gleaned from the respective pleadings of the parties as follows:

[2.1] The Plaintiffs Case

It is the case of the Plaintiffs that they were invited to the reading of a Will of their late father George Trebi Anyankor dated 31st January 2020 who died testate on 10th November 2020. The major devise in t