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…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login