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IN RE NKANSAH (DECD); NKANSAH ALIAS DAVID
V.
OKYERE

(1989) JELR 69341 (CA)

Court of Appeal 2 Feb 1989 Ghana
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- A customary successor has sufficient legal interest to enter a caveat and require proof of a will in solemn form, even if ultimately unsuccessful in challenging its validity. - The court held that where a caveator asserts such interest, t

Case Details

Judges:OSEI-HWERE J.A,LAMPTEY J.A,ESSIEM J.A.
Counsel:I. QUANSAH FOR THE APPELLANT; JAMES AHENKORAH FOR THE RESPONDENT.
Other Citations:[1989-90] 2 GLR 195

OSEI-HWERE J.A.: The applicant-appellant applied to the High Court, Koforidua for letters of administration with the will annexed, contending that the sole executor appointed in the alleged will of the late Prophet James Kwame Nkansah had indicated that he was not in a position to administer the estate of which he, the applicant, is the sole beneficiary. The application was accompanied by the applicant’s oath for administration with the will annexed sworn to the effect, inter alia, that he will faithfully administer the personal property of the testator and also that the whole of the said personal property does not exceed in value the sum of ¢20 million. He also filed, under oath, a declaration of the movable and immovable property of the testator which had since his death come to his possession or knowledge as the sole beneficiary of his will. He declared as follows: “The African Faith Tabernacle Church with its headquarters at Anyinam valued at about . . . ¢10,000,000.”

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