[2010]DLSC2574 • May 26, 2010 • Supreme Court •
DR. KWAME APPIAH POKU AND OTHERS vs. KOJO NSAFOA POKU AND OTHERS
The late Francis Kojo Poku appointed the appellants as executors of his will dated 11 October 2001. Probate was granted by the High Court, Kumasi, on 11 February 2003. The respondents (plaintiffs in Suit No. CS 107/03) challenged the probate, claiming the will was null and void because the testator was blind and could not have executed the will. The High Court ruled in favor of the plaintiffs, relying on evidence including that of Dr. Kenneth Asubonteng. The appellants later alleged that Dr. Asubonteng's evidence was fraudulent and sought to set aside the judgment obtained by fraud.
read moreATUGUBA, JSC:- On 29/4/2010 we unanimously dismissed the appeal in this case but reserved reasons. We now proceed to give them. Facts of the case The late Francis Kojo Poku a well known industrialist by his last will and testament dated 11th October 2001 appointed the Appellants as executors of his will. The executors then applied and were granted probate on 11th February 2003 by the High Court, Kumasi. The Respondents herein then Plaintiffs in Suit No. CS 107/03 issued a writ in the High Court Kumasi against the Appellants then Defendants claiming, inter alia, a declaration that the grant of probate of the will of the late Francis Kojo Poku to the executors was null and void and ought to be revoked. The High Court subsequently on 19th October 2004 gave judgment for the Plaintiffs in the said suit No. CS107/03 declaring that the will of the late Francis Kojo Poku was null and void in that the testator was blind and therefore could not have executed the will allegedly ascr...