WILFRED NSIAH ANOR
V.
HUMPHREY O. NSIAH

(2017) JELR 108676 (HC)    
High Court  ·  SUIT NO. BFA/148/2010 ·  21 Jul 2017 ·  Ghana
CORAM
K. A. GYIMAH J.
Core Terms Beta
will
signature
evidence
exhibit
plaintiffs
court
witness
wills act
supreme court
inter alia
signature of the testator
issues
late emmanuel oteng nsiah
presence of the testator
following reliefs
forensic examination
grounds of forgery
presumption of due execution
said signature
validity of a will
above observations
burden of proof
conduct of the forensic examination
death of the testator
defendants’ case
defendants’ statement
direction of the testator
evidence act
following issues
following observation
genuineness of the disputed will
high court registrar
last pages
late father
main elements
main issue
mind of some people
opposing party
plaintiffs’ claim
present case
purpose of this case
said emmanuel oteng nsiah
strict proof of the will
such suspicion
testator’s shop
treatment of such expert evidence
valid execution of a will
wise evidence

J U D G M E N T 

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 ord…

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