[2001]DLSC1203October 24, 2001Supreme Court

KELLS AND ANOTHER vs. ADJEI AND OTHERS

Dr John Ackah BlayMiezah, a wealthy Ghanaian who died in 1992 leaving a large estate, had multiple wills including one dated 8 May 1988 and another alleged will dated 29 January 1989. Dr John Robert Kells produced the 1989 will claiming to be sole executor and beneficiary. The family contested the validity of the 1989 will alleging forgery. The High Court and Court of Appeal initially upheld the 1989 will. The dispute centered on the authenticity of the 1989 will, the genuineness of signatures, and the jurisdiction of the High Court to take evidence abroad.

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Dr John Ackah Blay-Miezah, traditionally known as Nana Ackah Nyanzu II, Gyasihene of Benin in the Western Region of Ghana, during his lifetime comported himself and led such a lifestyle as to make the public believe that he was one of the richest, if not the richest, person then in Ghana. He died in Accra in 1992 leaving behind an estate alleged to value about US$42 billion. As to whether he did, indeed, have all that much is another matter. However, in one of his wills dated 8 May 1988, he made total cash bequests of over US$80 million to about 50 named beneficiaries. It is in respect of this estate that one Dr John Robert Kells, a teacher in Chinese exercise and meditation in London, sought a declaration at the High Court, Accra that a will produced by him and claiming to have been made by the late Dr Blay-Miezah on 29 January 1989 was valid. The said will named this Dr Kells as the sole executor and sole beneficiary of the entire estate of Dr Blay-Miezah. The family and close member...