[1973]DLCA2391 • December 18, 1973 • Court of Appeal
IN RE OPOKU (DECD.); GOH vs. DONYINAH AND OTHERS
The deceased, Samuel Opoku, executed a handwritten will while recuperating in hospital. The will appointed three executors and made provisions for his children and family properties. The respondent, claiming to be the customary successor, challenged the validity of the will on grounds of improper execution under the Wills Act 1837 and alleged fraud or undue influence. The High Court invalidated the will primarily because it was written in indirect speech and lacked explicit evidence that the deceased intended the document as his will. The appellants appealed this decision.
read moreArcher J.A. delivered the judgment of the court. On the 23 June 1967, the High Court sitting at Accra granted probate in respect of the will of the late Samuel Opoku to the three appellants who were named in the will. Subsequently the respondent who claimed to be the customary successor instituted proceedings to revoke the probate on the grounds: (1) That the will was not executed in accordance with the Wills Act, 1837 (7 Will. 4 & 1 Vict., c. 26); and (2) That the will was obtained by fraud as the deceased did not know or approve of the contents or alternatively the will was obtained by undue influence exerted by the appellants at a time when the deceased was seriously ill in hospital. The respondent therefore prayed the court below to declare the will invalid and to grant her letters of administration. Lengthy evidence was adduced by the respondent and some members of her family in an attempt to substantiate the grounds of her claim. The three appellants and the two witnesses to...