[1977]DLCA1329 • May 16, 1977 • Court of Appeal
IN RE COLE (DECD.); CUDJOE vs. COLE
John Cole, a Sierra Leonean who worked in Ghana and had multiple wives under customary law, executed a will in November 1966 while seriously ill from a stroke suffered in 1960. The will appointed Lawrence Cudjoe and Dolly Cole Ashun as executors. After Cole's death in 1967, his nephew S. J. Cole filed a caveat challenging the will's validity on grounds including lack of testamentary capacity, improper execution, and undue influence.
read moreJUDGMENT OF ARCHER J.A. Archer J.A. delivered that judgment of the court. John Cole was a Sierra Leonian by nationality who worked with the Ghana Railways at Takoradi until he retired and later became a timber contractor. During his lifetime he had several wives according to customary law with some of whom he had many children. In 1960, he became ill on account of a stroke and he remained a sick person until he died on 2 July 1967. Before his death, he had given instructions to a licensed letter-writer, Charles Moses Edwards, to Prepare his will which was executed by him on 21 November 1966. By this will, he appointed Lawrence Cudjoe, the present appellant, and one Dolly Cole Ashun as executor and executrix respectively. On 1 November 1967, the present respondent, S. J. Cole, who claimed to be a nephew of the late John Cole (being the son of the deceased’s sister) entered a caveat. Subsequently an application for probate of the will was filed. In view of the caveat.....