[2001]DLSC1206 • December 12, 2001 • Supreme Court •
KWAKO vs. TAWIAH
Isaac Ottie alias Agya Atta died leaving a will dated 26 January 1982, devising properties to various persons including Kwadwo Kwako (appellant). Clause 13 of the will stated that Kwadwo Kwako was to 'inherit me' and all properties not devised were to go to him. The respondent, a member of the Bretuo family and beneficiary under the will, sought interpretation of clause 13, contending that the devise was to Kwako as customary successor holding in trust for the family. Kwako denied this, asserting the gift was personal.
read moreJUDGEMENT ADZOE JSC. Delivered the first judgment at the invitation of Bamford-Addo JSC. Isaac Ottie alias Agya Atta died on 10 August 1982. He hailed from Kenkase, Kwabre No 3 in Ashanti. He left behind a will dated 26 January 1982. In the will he devised houses and farms to his wife, children and other persons. Among the devisees was one Kwadwo Kwako, the appellant herein. The testator in cluase (7) of his will devised six rooms in house No 54, Block 12 to the appellant. Then in clause (13) of the will the testator declared that: “Kwadwo Kwako is to inherit me on my death and all the properties which I have not devised must go to him.” The plaintiff-respondent (hereinafter referred to as the respondent) did not receive any gift under the will. On 7 February 1991 the respondent describing himself as: “One of the principal members of the Bretuo family or clan of Kenkase-Ashanti and a beneficiary under the late Isaac Ottie’s said will and who claims to be interested ...