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RE ALHASSAN'S APPLICATION

(1968) JELR 84915 (HC)

High Court 22 Oct 1968 Ghana
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Case Details

Judges:EDUSEI J.
Counsel:Applicant in person.
Location:TAMALE
Other Citations:[1968] GLR 940

EDUSEI J.

By his will, exhibit A, dated 19 September 1966, the testator left all his property to his grandson, Abdulai Mahama. Exhibit A is the kind of will usually referred to as a "home-made" will though this one was prepared on the instructions of the testator by a letter-writer whose ignorance about such an important document is apparent on the face of the said document. After making a gift of all his property to his grandson, the testator thumbprinted it and immediately after his thumbprint on the left-hand side of the will appears the word "witnesses" and underneath this, there appear two names: (1) Alhassan Alibaka, and (2) Zaratu Issah, who made their marks.

Although there is no attestation clause there is no doubt that these two persons are the witnesses to the will, and Order 60, r. 26 (1) of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), states:

"If there is no attestation clause, or if the attestation clause is insufficient, the Court shall require an af…

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