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PELMOLINE KWASHIE & 7 ORS
V.
MRS. VERGINIA AKLADE

(2023) JELR 112198 (HC)

High Court 20 Apr 2023 Ghana
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- The dispute involved competing claims over the validity of a probate granted to Mrs. Virginia Aklade (Defendant) as sole executor of the estate of John Wisdom Humphrey Fummey, challenging its propriety due to an alleged codicil to the Wil

Case Details

Suit Number:BFA/29/2009
Judges:WILLIAM BOAMPONG, J
Counsel:WILLIAM AKASAN FOR JAMES ABIADUKA FOR PLAINTIFFS ALEXANDER QUARTEY FOR DEFENDANT
Location:Accra

JUDGMENT

“My understanding is that a Will is a very special and solemn legal document in which a person declares his wishes as to how his property should be distributed, disposed of or managed after his death, and the greatest respect due to a deceased person is in my opinion, to give effect to his ‘Last Will and Testament’ unless there are compelling reasons militating against doing so”.

After the grant of probate of the last Will and Testament of Late John Wisdom Humphrey Fummey had been granted by the High Court Accra to the Defendant, the Plaintiff herein felt compelling reasons why same ought not to have been granted to the Defendant.

Pursuant to that the Plaintiffs had instituted this action claiming against the Defendant as follows:-

1) A declaration that the Probate granted to Mrs. Virginia Aklade (Nee Fummey) as the sole Executor of the Estate of late John Wisdom Humphrey Fummey on the 4th September, 2007 is invalid, void and of no effect.

2) An Order revoking and setting aside th…

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