JUDGEMENT
MRS MAGARET WELBOURNE, J.A
FACTS OF CASE
The late Joseph Borketey Manison hailed from Nungua and lived there until his death on 21st January, 2006. The Plaintiffs/ appellants are the Executors named in the Last Will and Testament of Joseph Borketey Manison (deceased).
One and a half years after the death of Mr. Manison his family was called to the reading of a Will at the registry of the High Court, Accra, purporting to be the last testament of the late Mr. Manison Borquaye. The defendant herein, on behalf of the children of the first wife, challenged the alleged Will and filed a notice under Order 66 R 26 (2) of the High Court (Civil Procedure) Rules, 2004 (CI 47) and called for it to be proved in solemn form. When this notice was served on the Executors they issued a Writ of summons praying for a declaration that the Will dated 16th of May, 2001, was valid. The Defendant filed a defence and defended the action. After a trial, judgment was delivered on 30th July, 2012, in favor…