RUTH AYITEY AND 3 OTHERS
V.
THE ADMINISTRATOR GENERAL AND 2 OTHERS

(2014) JELR 69825 (CA)

Court of Appeal · SUIT NO. HI/53/2014 · 19 Jun 2014 · Ghana

CORAM

MARIAMA OWUSU JA (PRESIDING), OFOE JA, DORDZIE JA

Core Terms ^Beta

plaintiffs

kwame johnson

father

case

trial judge

defendant

counsel

ridge hospital

trial court

undue influence

trial

attesting witnesses

appellate court

sound mind

whole evidence

2nd codefendant

account of the suspicious circumstances

affirmative evidence of knowledge

clear evidence

close of trial

conclusion of the trial court

credibility of these witnesses

cross examination witness

date of 24th october

deceased mr. ebenezer ayittey

evidence of nathaniel acquaye

evidential burden of the parties

exercise of the courts discretion

few of these cases

following grounds of appeal

further criticism of counsel

knowledge of other family members

lawyer afutu kotey

main witnesses

notice of the adjourned date

plaintiffs’ case

plaintiffs’ claim

reason counsel

said document

such will

sufficient counter-veiling evidence

supreme court case

time of the testator

trial court elizabeth wilson

trial court’s findings

trial court suo motu

weight of evidence

will of their father

will of the late jonathan ebenezer ayitey

wills act

OFOE, J.A: The deceased Mr. Ebenezer Ayittey had ten children. At the twilight of his life he found himself at different times at the Ridge Hospital and at herbal treatment centres in the Central Region, battling an ailment which was not medically confirmed at the trial, until he left this side of the world. It was in the Ridge Hospital on admission that he is alleged to have executed a will prepared for him by lawyer Afutu Kotey. As is not unusual on our side of the globe, other children who were not catered for in the said will have raised queries whether their father, in the state in which they found him on the date he is alleged to have executed the will, did indeed execute any such will.

The substance of their complaint at the trial court was that their deceased father, Jonathan Ebenezer Ayitey, was not mentally and physically competent to have sign any will. The said document, exhibit C1, purporting to be the will of their father was therefore not his will it having been procured…

RUTH AYITEY AND 3 OTHERS V. THE ADMINISTRATOR GENERAL AND 2 OTHERS

RUTH AYITEY AND 3 OTHERS
V.
THE ADMINISTRATOR GENERAL AND 2 OTHERS