WILLIAM BINEY AKAKPO & 1 OTHER VS ERIC CHIANI AKAKPO & 1 OTHER
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE SARAH ARYEE (MRS.), J.
Areas of Law
- Probate and Succession
- Civil Procedure
- Contract Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiffs challenged Helen Ocansey's will, alleging it was fraudulent. Procedural delays occurred due to a judge's leave. The defendant sought to strike out the 1st plaintiff, arguing lack of capacity, but the court refused, deciding capacity will be determined during trial.
The Writ in this suit was issued on the 10th of March 2022. The 2nd plaintiff subsequently sought to substitute the 1st plaintiff who had died.
The Writ was amended on the 1st of February 2023 and on 29th March 2023 seeking the following reliefs: i. An order to set aside the purported Will and testament of the late Helen Ocansey was forged, and fraudulent and therefore null and void and of no legal effect ii.
An order to set aside the grant of probate made by the High Court on the 25th day of March, 2019 of the contents of the supposed Will of the late Helen Ocansey on the grounds that same was fraudulently forged and or procured iii.
An order directed at the defendants herein to account for all assets and or items of the estate that they have upon the strength of the probate granted them on the 25th day of March, 2019 dissipated or utilized iv.
A declaration that the purported Will of the late Helen Ocansey having been forged and fraudulent; therefore means that the deceased estate falls into intestacy and therefore must be distributed and governed by PNDCL 111 v. Perpetual injunction to restrain the defendants, their agents, servants and all privies from interfering, selling, disposing or renting out any portion of the properties forming part of the estate of Helen Ocansey inclusive of house Number 5 Bathur Street at East Legon herein Accra within the Greater Accra Region of the Republic of Ghana and any or all adjoining lands forming part of same.
Any relief as in the circumstance shall appear proper and just. After close of pleadings, directions were filed and issues set down for trial.
Witness Statement and pretrial check lists were filed and the suit adjourned to the13th, 14th, 15th and 16th, 20th, 21st and 22nd of November 2023 for trial.
The trial could not be held because the substantive Judge who had presided as vacation Judge during the legal vacation proceeded on her annual leave after the legal vacation.
The case was accordingly adjourned to the 25th, 26th, 27th and 28th of March for trial.
On the 11th of January 2024, the defendant files this application to strike out the 1st plaintiff on the grounds of lack of capacity.
The applicant deposes that the case is a probate case which is governed by the Wills Act, 1971 (Act 360) and Order 66 of the CI 47 (Civil Procedure Rules) section 28 (1). The defendant also deposes that the 1st plaintiff suing as Head of Family has no capacity to institute action in respect of the validity of the Wi