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RUTH AYITEY & 3 OTHERS
V.
THE ADMINISTRATOR GENERAL

(2014) JELR 69829 (CA)

Court of Appeal 19 Jun 2014 Ghana
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- The case involves a dispute over the validity of a will executed by Mr. Ebenezer Ayittey. - The plaintiffs, who are children of Mr. Ayittey, argue that their father was not mentally and physically competent to execute the will. - They all

Case Details

Suit Number:CIVIL APPEAL NO.: H1/53/2014
Judges:MARIAMA OWUSU JA –PRESIDING, OFOE JA, DORDZIE JA
Counsel:D. O. LAMPTEY FOR THE PLAINTIFF/APPELLANT , JAN CHAMBERS FOR THE RESPONDENT

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[sic] any will. The said document, exhibit C1, purporting to be the will of their father was therefore not his will it having been proc…

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