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AGYEKUM AND OTHERS
V.
WONTUMI AND OTHERS

(2000) JELR 69987 (CA)

Court of Appeal 17 Feb 2000 Ghana
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- Appeal dismissed; trial court’s finding that the will was valid and the signature genuine was upheld. The plaintiffs failed to prove forgery beyond reasonable doubt. - Key legal principles: In will challenges alleging forgery (a crime), t

Case Details

Judges:WOOD JA,BADDOO JA,FARKYE JA
Counsel:KWESI DAPAAH FOR THE APPELLANTS; J K AGYEMANG FOR THE RESONDENTS.
Other Citations:[1999-2000] 2 GLR 740

Wood JA.

I agree entirely with the lead judgment and the reasons given therefor and would only add a few words of my own.

On 10 February 1986, the plaintiff-appellants (hereinafter referred to as the appellants) took out a writ of summons challenging the validity of a will and testament purported to have been made by their late father, William Davies Agyekum. The charge of invalidity was based on two main grounds, but for the purposes of this appeal the particulars stated in the paragraph (16) of the statement of claim are the most pertinent. By it, the appellants alleged that “the said will was forged, and in any case,was not signed by William Davies Agyekum, deceased.” The defendant-respondents’(hereinafter referred to as the respondents) reaction to these serious claims coupled with their counterclaim made the issue of whether or not the signature of the late Agyekum was forged one of the central issues for determination. After hearing evidence from (i) a court appointed handwriting …

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