[1989]DLSC601 • March 22, 1989 • Supreme Court •
IN RE KRAH (DECD); YANKYERAAH AND OTHERS vs. OSEI-TUTU AND ANOTHER
Nana Apraku Krah died testate in 1983, having executed two wills: one in 1977 (exhibit A) devising properties to his ten children and family, and a later one in 1982 (exhibit B) revoking all previous wills and devising three cocoa farms at Sukusuku to his grandson, the third defendant-appellant. The plaintiffs, members of the Bedenfini family, claimed the farms were family property and could not be validly devised by Nana Apraku Krah. The defendants contended the will was valid and the farms were Nana Apraku's self-acquired property. The dispute centered on ownership and validity of the 1982 will, with conflicting evidence on the acquisition and use of the farms, the testator's capacity, and the nature of the properties.
read moreNana Apraku Krah died testate on 4 February 1983. By his will exhibit B, executed on 22 December 1982 he devised “three separate cocoa farms situate at a place commonly known and called `Sukusuku’ in the Western Region” to the testator’s grandson, the third defendant-appellant herein, as the sole beneficiary. The three farms were fully described in the will, exhibit B. The deceased, Nana Apraku Krah, had in an earlier will executed on 8 January 1977 devised to his ten children his properties numbering ten. That will is tendered as ten children his properties numbering ten. That will is tendered as exhibit A. By clause 2 (a) of exhibit A he bequeathed to his family absolutely and forever his deposit or savings account with the Ghana Commercial Bank, Berekum, and by 2 (b) he proved that “all my other properties both immovable and movable except and excluding (a) those already herein given to my said children as above indicated and my cocoa farm situated and being at Sukusuku...