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MARY OKAILEY WELBECK
V.
SIMON TACKIE WELBECK

(2015) JELR 68968 (SC)

Supreme Court 17 Jun 2015 Ghana
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- The case involves a dispute over the validity of a will executed by the deceased testator. - The appellant filed a lawsuit seeking a declaration that the will was either forged or obtained by fraud. - The High Court and Court of Appeal bo

Case Details

Suit Number:CIVIL APPEAL NO. J4/45/2014
Judges:AKUFFO (MS.) JSC (PRESIDING), GBADEGBE JSC, AKOTO BAMFO (MRS) JSC, BENIN JSC, AKAMBA, JSC
Counsel:EDWARD SAM CRABBE ESQ. FOR THE PLAINTIFF/ APPELLANT/APPELLANT; GEORGE ABORGAH ESQ. FOR THE DEFENDANT/RESPONDENT/RESPONDENT.

JUDGEMENT

AKAMBA, JSC

The plaintiff/appellant (hereafter simply referred to as ‘appellant’), and the defendant/respondent (hereinafter simply referred to as ‘respondent’) are children of the testator, Joseph Ayikai Welbeck (deceased). The appellant by an action initiated in the High Court, Accra, sought a declaration that the will of their late father, executed on 17th July 1997 was either forged or obtained by fraud. The court heard the suit and dismissed the action on 22nd June 2011. It entered judgment in favour of the respondent who is one of two named executors/trustees under the said will. The appellant invoked the appeal process only for the Court of Appeal to similarly dismiss the appeal and to affirm the decision of the trial court in its entirety in its decision of 14th March 2013. Undeterred by the two unsuccessful bids, the appellant filed a notice of appeal on 6th May 2013 for further redress by this court.

GROUNDS OF APPEAL

The appellant filed the following grounds of appeal…

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