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KWEKU KWEINU SEY & ANOTHER
V.
MADAM HARRIET SERWAA ANIN

(2014) JELR 64652 (CA)

Court of Appeal 26 Jun 2014 Ghana
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- Plaintiffs, as executors of Theophilus Ernest Anin’s purported will, sought a declaration of its validity, while the defendant (Anin’s sister, later substituted by her daughter) alleged the will was forged and sought a declaration of inte

Case Details

Suit Number:CIVIL APPEAL NO. H1/63/2014
Judges:MARIAMA OWUSU J. A [PRESIDING] ,OFOE J. A , DORDZIE J.A
Counsel:FREDA ROSE-APPIAH FOR PLAINTIFF/APPELLANT, BRIGHT OKYERE AGYEKUM FOR DEFENDANT/RESPONDENT

JUDGEMENT

OFOE,J.A:

The plaintiffs/appellants hereinafter referred to as plaintiffs are the executors of the purported will of Theophilus Ernest Annin. The defendant/ respondent herein referred to as defendant, was a sister of the deceased Theophilus Anin. She has joined her ancestors and has been substituted by the daughter. The main issue joined between the parties is whether the document exhibit A was a will executed by the deceased

The case of the plaintiffs is simply that the will was duly executed by the deceased in the presence of one Samuel Amartey and Samuel Quartey both present at the same time. The defendant on the other hand maintained that the will was not executed by the deceased but that the signature on the alleged will was fraudulently procured. The gist of the particulars of fraud she provided was that the alleged signature on the said document was a forgery and that the deceased did not execute the said will of the deceased. Whilst the plaintiffs asked the trial court …

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