Adjei and Another Vrs Okaikai [2003] GHACA 4 (5 February 2003)

Adjei and Another Vrs Okaikai [2003] GHACA 4 (5 February 2003)

The plaintiffs failed to comply with the mandatory statutory condition precedent under Section 67 of Act 63 by not seeking revocation of probate before commencing action; thus, their action is not maintainable and is a nullity.

Citation
[2003] GHACA 4
Parties
Plaintiff/respondent: Lydia Adjei; Plaintiff/respondent: Moses Oblin Aryeefio; Defendant/appellant: Beatrice Okaikai Welbeck
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
5 February 2003
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed; plaintiffs' action dismissed
Legal Topics
Probate, Revocation of Grant, Maintainability of Action, Statutory Compliance
Source Language
English
Succession Law Civil Procedure Probate Revocation of Grant Maintainability of Action Statutory Compliance

Case Brief

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Parties

Lydia Adjei

Plaintiff/respondent

Moses Oblin Aryeefio

Plaintiff/respondent

Beatrice Okaikai Welbeck

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the plaintiffs' action was maintainable in light of an unrevoked probate
  2. 2 Whether the trial judge erred in refusing to dismiss the plaintiffs' action for non-compliance with statutory requirements

Ratio Decidendi

The plaintiffs failed to comply with the mandatory statutory condition precedent under Section 67 of Act 63 by not seeking revocation of probate before commencing action; thus, their action is not maintainable and is a nullity.

Court Disposition

appeal allowed; plaintiffs' action dismissed

Orders

  • Ruling of the High Court dated 25th November 2002 set aside
  • Plaintiffs' action dismissed