IN RE ARTHUR (DECEASED) ABAKAH AND ANOR. vs. ATTAH HAGAN AND ANOTHER

Azu Crabbe J.S.C. delivered the judgment of himself and Lassey J.A. This is an appeal from a decision of Griffiths-Randolph J. setting aside a consent order made by the late Owusu J. in an application for a grant of probate of the will of Robert Benjamin Arthur (deceased) of Cape Coast. The material facts may be shortly stated. By his will dated 6 January 1967, Robert Benjamin Arthur appointed his son Robert Samuel Arthur and his brother Ekow Abakah, executors (hereinafter called the appellants) and made various bequests. He bequeathed to each appellant and to the wife of the first appellant the sum of ¢30.00. The first appellant was also to share in other personal estate including furniture and personal effects of the deceased. The appellants were also the attesting witnesses. The proceedings in this case commenced with an application by the appellants in the High Court, Cape Coast, for an order granting probate of the will of Robert Benjamin Arthur who died testate on 15 Decembe....