[2000]DLHC326 • February 18, 2000 • High Court
IN RE DADZIE (DECD); DADZIE AND ANOTHER vs. ADDISON AND ANOTHER
The case concerns a judicial interpretation of paragraph 8 of the will of the late Kweku Bordoh Dadzie. The testator had bequeathed shares in Lagoonside Hotel Limited to various beneficiaries. However, at the time of his death, the company had become defunct and the hotel premises were rented out to the defendants. The applicants sought clarification on the meaning of 'shares' in the will given these changed circumstances.
read moreJUDGEMENT Asamoah J. This is an action seeking a judicial interpretation of paragraph 8 of the will of the late Kweku Bordoh Dadzie probate of which was granted by the High Court, Sekondi on 12 January 1998. In paragraph (4) of the affidavit in support of this application the applicants state: “. . . that the wording of paragraph (8) of the said will, more particularly the use of the word ‘shares’ appears to be ambiguous to the applicants for the following reasons: (i) The testator incorporated the said hotel as a limited liability entity which had become defunct at the time of his death. (ii) At the time of death the testator had rented the premise known as Lagoonside Hotel to the defendants at rent.” And the said paragraph (8) of the will reads: “I make the following bequests (sic): To my wife Alice Bordeh Dadzie, Thousand Cedis (¢1,000) shares in Lagoonside Hotel Limited. 45 per cent shares to Mrs Rose Dadzie and h...