[1999]DLHC325 • February 17, 1999 • High Court
IN RE ASIRIFI (DECD); ADUSEI AND ANOTHER vs. AGYEI AND ANOTHER
The applicants, Emmanuel K Adusei and Abraham Adusei, applied for grant of probate of the will of the late Opanin Isaac Asirifi, who was the head and general superintendent of the Saviour Church of Ghana. Two of the deceased's children, Kwabena Agyei and Emmanuel Kofi Gyan, entered a caveat claiming intestacy and that they had been granted letters of administration. The applicants sought removal of the caveat and grant of probate based on a will deposited at the High Court registry and read to the family by the registrar. The caveators disputed the validity of the will, alleging it was not deposited and later claiming forgery.
read moreJUDGMENT OF ADINYIRA J. On 6 May 1998 Emmanuel K Adusei and Abraham Adusei applied for grant of probate of the will of the late Opanin Isaac Asirifi, the head and general superintendent of the Saviour Church of Ghana, as the executors and trustees named in the said will. Two of the children of the testator, namely Kwabena Agyei and Emmanuel Kofi Gyan, entered a caveat and filed an affidavit of interest claiming their father died intestate and that they had already applied for and been granted letters of administration in respect of their late father’s estate. The applicants herein upon service of the affidavit of interest on them, subsequently filed on 1 October 1998 a motion on notice for the removal of the caveat and for the grant of probate on the main ground that Opanin Issacsic(2) Asirifi died leaving a will, a copy of which was deposited at the registry of the High Court and which was read to the family by the registrar. The caveators still filed an affidavit in oppositio.....