[1992]DLCA4973 • January 30, 1992 • Court of Appeal
OKYERE vs. NKANSAH
Prophet James Kwame Nkansah, founder of the African Faith Tabernacle Church, died on 23 September 1987. He made a will bequeathing his position and property to the respondent, who was sole executor. The appellant, the customary successor, challenged the will's validity on grounds of non-compliance with the Wills Act 1971 (Act 360) and undue influence. The trial court found the original will invalid but admitted a carbon copy as valid and granted probate. The appellant appealed this decision.
read moreOFORI–BOATENG JA. This is an appeal from the judgment of the Accra High Court presided over by Wuaku JSC sitting as an additional judge of the High Court. The facts of the case are that one Prophet James Kwame Nkansah, the founder of the African Faith Tabernacle Church died on 23/9/87. He made a will under which he “bequeathed” his position as a prophet in the church and his property with the church, to the respondent, who was also the sole executor. The respondent applied for probate. The appellant, the customary successor, challenged the validity of the will on the ground that it was executed contrary to the provisions of the Wills Act 1971 (Act 360), and that it was procured through undue influence, fraud etc. The learned trial judge was satisfied that although the original will challenged by the appellant was executed contrary to the Wills Act, its carbon copy which was also before the court had been validly executed in accordance with the Wills Act. The carbon copy was th...