[2004]DLSC983 • January 28, 2004 • Supreme Court •
IN RE OKINE (DECD); DODOO AND ANOTHER vs. OKINE AND OTHERS
The testator, Moses Nii Ayikai Okine, made a handwritten will on 2 December 1986, appointing executors. He died on 30 May 1989. Probate was initially granted but later revoked due to a caveat filed by the testator's children (the caveators) alleging forgery and improper execution. The executors filed suit to have the will admitted to probate and to remove the caveat. The defendants denied the will's validity, alleging a typewritten will existed and claiming a customary law will (samansiw). The High Court denied probate due to improper execution; the Court of Appeal affirmed this but rejected the samansiw claim. The executors appealed to the Supreme Court.
read moreThis 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, Victor Armah Okine and Mercy Dedei Okine (hereinafter referred to as the caveators) applied to the court for the revocation of the said probate on the ground that a caveat had been filed by them before the grant of the probate but unfortunately, this was not brought to the notice of the court. The probate was therefore set aside. Upon the setting aside of the pro...