WILLIAM SAMUEL BROGYA-BOATENG vs. OKYEAME KWABENA MENSAH AND ANOTHER

MARIAMA OWUSU, J.A.:- On the 25th of October, 2002, the High Court, Kumasi, gave Judgment in favour of the Defendant on his Counterclaim and dismissed the Plaintiff’s claim. The Court held as follows:- “I accordingly, find and hold that, the customary gifts made by Opanin Kwadwo Kusi [deceased] to his wife, Afua Gyankuma and her children are valid and irrevocable and binding on the Plaintiff and his family. In conclusion, I hold that the Will and Last Testament of Opanin Kwadwo Kusi [deceased] [Exhibit 5] is valid for all intents and purposes. I find and hold that, the deceased Testator had testamentary capacity to make the devices in paragraphs 1, 2, 3, 6, 7, 8, 9, 10, and 11 of the said Will, as they were the self acquired properties. Accordingly, I enter Judgment for the defendants on the Counterclaim except relief [3] of same, which is dismissed for lack of evidence. I will award costs of three million cedis [¢3,000,000.00] to the Defendants against Plaintiff”. ...