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NYANTAKYI KOFI KYE AND 3 OTHERS
V.
MARGRET GYIMAH AND 11 OTHERS

(2019) JELR 65305 (HC)

High Court 14 May 2019 Ghana
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- The case involves a challenge to a lawyer's Last Will and Testament. - The Plaintiffs seek a declaration that the Will is invalid and of no legal effect. - The case has taken over a decade to reach its final destination. - The Writ of Sum

Case Details

Suit Number:SUIT NO: BFA/45/2007
Judges:HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Counsel:COL KOFI DANSO (RTD.) FOR THE PLAINTIFFS,NIKITA OWUSU (MS.) FOR THE 5TH DEFENDANT,NOAH ASAMANY FOR THE 6TH TO 12TH DEFENDANTS

JUDGMENT

ACKAAH-BOAFO, J.

i. Introduction:

[1] The history of this case makes it appropriate to prefix this judgment with the quote by the respected former Chief Justice of this Republic, Wood CJ (as she then was) in the case of AGYEMANG (Substituted by BANAHENE and OTHERS v. ANANE [2013-2014] 1 SCGLR 241 when she stated:

“The oft quoted legal maxim “Justice delayed is justice denied”, coined by the British politician, William Gladstone (1809-1898), is no mere cliché. The right to fair trial in a timely manner is neither a courtesy nor a favour, but a fundamental right. Protracted delays in the administration of justice, impact negatively not only on those who access the courts, such as the victims of crime, accused persons who are acquitted at the end of their trial, parties in civil proceedings and their privies, lawyers who practice before the courts but indeed the entire justice system. The judicial history of this relatively simple family related land matter, which was commenced in t…

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