An Accra High Court has settled a matter involving the estate of the late David Lamptey, a business magnate, in view of an application for grant of probate by Mrs Gifty Lamptey and Dr Victor Kanda.
The estate in the matter is House Number 198 Emperor Avenue, Trasacco Valley, Accra. Cynthia Lamptey 1st Caveatrix and Edmund Lamptey, 6th Caveator caused a Writ of Summons and Statement of Claim on May 15, seeking a number of reliefs including a declaration that the purported Will of Testament of David Lamptey dated June 17, 2010 is a forgery and not the act of deed of the Testator.
They were also seeking a declaration that the Will was not duly executed according to law and that it was invalid. Those who filed the caveats included Rebecca Lamptey, Roselyn Lamptey, Meredith Lamptey, Marina Lamptey, John Jacob Lamptey and the Bentil Family.
“The Applicants and the 1st Caveatrix and 6th Caveator have mutually agreed to fully, finally and amicably resolve the matter asking the Applicants to transfer various properties and sum of money to the caveats.”
The Parties agreed that the terms shall not be taken or construed as an admission of complicity and /or liability or potential liability on the part of the Applicants in respect of the allegations in the suit or any other matter.
“The Parties hereby agree that effective upon the entry of these terms as a Consent Judgment between them, these terms shall constitute an irrevocable, full and final settlement of any and all past and/ or future, direct or indirect claims, counter claims, cross-claims, appeals or entitlements…”
The Parties agreed and undertook that they, their associates, agents, representatives, successors-in-tile and Lawyers shall not disparage the other parties, their associates, agents, representatives, successors-in-title and / or the Mediator.
“In the event of any default by any of the parties, the defaulting party hereby indemnifies, and shall keep indemnified the other party, their associates, agents, representatives, successors-in-title, Lawyers and the Mediator against all costs, damages, including reasonable legal expenses, incurred in all future actions, claims and proceedings in respect of that default.
“The 1st Caveatrix and 6th Caveator agree not to sue or commence any proceedings and in anyway, prosecute or cause to be commenced or prosecuted against the Applicants, their agents, representatives, assigns, any action, suit, or other proceedings concerning, arising out of, related to, or in connection to the released claims and/or the estate of …David Lamptey save on the grounds specified in these terms.”
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