[2004]DLSC2399 • January 28, 2004 • Supreme Court •
MICHAEL DARKO DODOO vs. LOUIS AYITEY OKINE & ORS
The dispute concerned whether a handwritten document dated 2 December 1986 was the valid last will of Moses Nii Ayikai Okine, deceased, and whether probate should issue to the named executors. The respondents/caveators, who were children of the deceased, challenged the will on grounds including forgery, non-compliance with statutory formalities under the Wills Act, 1971 (Act 360), inconsistency with the deceased’s alleged intentions toward them, and the existence of a customary law gift/samansiw in their favour. The executors maintained that the will had been duly signed and attested and sought probate and removal of the caveat. Portion of judgment: Dr Twum JSC’s narration beginning “On 2 December 1986, one Moses Nii Ayikai Okine the testator made or purported to make a will…” and Prof. Kludze JSC’s statement “At the trial, the plaintiffs presented a handwritten document claimed to be the will of the said Moses Ayikai Okine… The defendants strenuously argued that the writing was not the will of the deceased.”
read moreACQUAH CJ. I have had the benefit of reading in draft the judgment to be delivered by my learned brother Prof Kludze JSC. I agree with the reasoning and conclusions and I have nothing useful to add. G. K. ACQUAH CHIEF JUSTICE BADDOO JSC. I also agree with the judgment of my brother Prof Kludze JSC. S. G. BADDOO JUSTICE OF THE SUPREME COURT DR TWUM JSC. This is an appeal from the judgment of the Court of Appeal dated 10 May 2001. It substantially affirmed the judgment of the High Court given on 2 June 1999. The facts On 2 December 1986, one Moses Nii Ayikai Okine (the testator) made or purported to make a will of his self-acquired properties. It was handwritten. In it he appointed Michael Darku Dodoo and Lawrence Danso Dodoo, his executors. The testator died on 30 May 1989 and the executors applied for probate. It was granted by the High Court on 17 July 1989. On 15 September 1989, Louis Ayitey Okine, Elizabeth Dedei Okine, Alfred Armah Okine, Francis Ayitey Okine, ...