IN RE YEBOAH (DECD.); DUKU
V.
DWUMAH AND ANOTHER

(1974) JELR 65462 (HC)    
High Court  ·  7 May 1974 ·  Ghana
CORAM
OWUSU-ADDO J.
Core Terms Beta
order
caveat
application
court
executors
case
respondents
respondents’ application
letters of administration
l.n. 140a
notice of the court
common form
further steps
grant of probate
notice of the learned judge
present application
procedure rules
affidavit of interest
aforementioned order
applicable rule
applicant’s substantial complaint
ashanti region
behalf of the caveator-applicant
brief account of the facts
civil procedure
clear distinction
family property
following passage
hearing of this application
high court
issue of a writ
knowledge of the learned judge
learned counsel
necessary funeral rites
notice of the applicant
only son
own merits
owusu-addo j.
particular circumstances
probate of the will
proper procedure
purview of the said rule
real question
respect of the estate of kwaku yeboah
respect of the will of the late kwaku yeboah
rules
said order
such application
vacation judge
writ of summons

OWUSU-ADDO J.: This application is brought under Order 70 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), on behalf of the caveator-applicant, praying for an order to set aside the grant of probate given on 25 September 1973 in respect of the will of the late Kwaku Yeboah to the executors, who will hereafter be referred to as the respondents.

In order to appreciate the arguments canvassed for and against this application, it is quite necessary to give a brief account of the facts promulgating in this application. The testator, Kwaku Yeboah, died on 4 May 1973 at a place called Sekyere in the Ashanti Region leaving a will dated 5 November 1972. After his burial and observation of all the necessary funeral rites, as is only to be expected, the respondents, having been appointed executors under the said will, applied to the High Court, Kumasi, for probate of the will. The application which came before Sarkodee J. on 25 September 1973 sitting as a vacation judge, was…

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