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WILFRED NSIAH ANOR
V.
HUMPHREY O. NSIAH

(2017) JELR 108676 (HC)

High Court 21 Jul 2017 Ghana
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- The case involves a dispute over the validity of a will left by the deceased Emmanuel Oteng Nsiah. - The plaintiffs applied for Letters of Administration with will annexed after the executors named in the will had passed away. - The defen

Case Details

Suit Number:SUIT NO. BFA/148/2010
Judges:K. A. GYIMAH J.
Counsel:ROBERT YARTEY FOR PLAINTIFFS JOHN F. APPIAH FOR DEFENDANTS

JUDGMENT

GYIMAH J.

Introduction 

The late Emmanuel Oteng Nsiah died on 5th December 1983 and supposedly left behind a will dated 13th October 1974. The will was, upon an application made by  the plaintiffs to the High Court Registrar, read on 29th January 2010 – about 27 years  after the death of the testator. The plaintiffs applied for Letters of Administration with  will annexed on 2nd March 2010 because at that time the executors named in the will  had all passed on.  

The defendants caveated against the grant of the Letters of Administration to the  plaintiffs alleging among others that the signature on the will was not the signature of  their deceased father and further that the will was not executed in accordance with the Wills Act, 1971 (Act 360). The court differently constituted therefore ordered the  plaintiffs to prove the Will in solemn form.  

Plaintiffs’ claim 

The plaintiffs issued a writ on 20th July 2010 and claimed the following reliefs against  the defendants: 

i. An or…

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