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JOSEPH KWESI BADU
V.
MR. STEPHEN ADDO

(2023) JELR 112065 (HC)

High Court 7 Feb 2023 Ghana
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- This is a judgment on an originating motion ex parte for the grant of probate filed by the applicants to administer the estate of Joseph Kwesi Baidu A. K. A. Agyapa (deceased). - The law pertaining to the grant of probate is discussed und

Case Details

Suit Number:E6/03/2023
Judges:KWAME AMOAKO, J
Counsel:JACOB SOUNG FOR APPLICANT
Location:Sefwi Wiawso

JUDGMENT

This is the Judgment of the Court on an Originating Motion Ex Parte for Grant of Probate filed by the Applicants to administer the estate of Joseph Kwesi Baidu A. K. A. Agyapa (deceased).

THE LAW ON GRANT OF PROBATE (COMMON FORM)

The law pertaining to grant of Probate will be discussed under the following two headings:

A) Ascertaining the Statutory prerequisites for the grant of Probate, and

B)Affording facility to remedy non-compliance with Statutory prerequisites for the grant of Probate or L. A.

A) ASCERTAINING THE STATUTORY PREREQUISITES FOR GRANT OF PROBATE

In determining an application for the grant of Probate (Common Form), the Court is required by statute to ascertain the following:

(1)  The jurisdiction of the Court and every Court with concurrent jurisdiction;

(2)  The time, place and fact of death of the deceased;

(3)   The value of the estate of the deceased;

(4)   Affidavit by the executor(s), as applicant(s), deposing to facts upon which the application for Probate is grou…

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