[2000]DLCA107 • February 17, 2000 • Court of Appeal
AGYEKUM AND OTHERS vs WONTUMI AND OTHERS
The appellants challenged the validity of a will purportedly made by their late father, William Davies Agyekum, alleging forgery and that the will was not signed by the deceased. The respondents counterclaimed for the will to be admitted to probate. Evidence included testimony from handwriting experts and witnesses present at the execution of the will. The trial court found the signature genuine and admitted the will to probate. The appellants appealed against this decision.
read moreJUDGEMENT Wood JA. I agree entirely with the lead judgment and the reasons given therefor and would only add a few words of my own. On 10 February 1986, the plaintiff-appellants (hereinafter referred to as the appellants) took out a writ of summons challenging the validity of a will and testament purported to have been made by their late father, William Davies Agyekum. The charge of invalidity was based on two main grounds, but for the purposes of this appeal the particulars stated in the paragraph (16) of the statement of claim are the most pertinent. By it, the appellants alleged that “the said will was forged, and in any case,was not signed by William Davies Agyekum, deceased.” The defendant-respondents’(hereinafter referred to as the respondents) reaction to these serious claims coupled with their counterclaim made the issue of whether or not the signature of the late Agyekum was forged one of the central issues for determination. After hearing evidence from (i) a co...