DR. EMMANUEL MAMA BOYE (DECEASED) AND JOHN OFFEI ARMAH vs. MRS. EVELYN BOYE, JEREMIAS MAMA AKITA, SAMUEL KORLE BOYE AND MRS ELIZABETH MATEKI NEEQUAYE

KUSI-APPIAH, J.A. This is an appeal from the judgment of the High Court, Fast Track Division, Accra by which that court gave judgment in favour of the plaintiff. The case concerns the estate of the late Dr. Emmanuel Mama Boye. The said Dr. Emmanuel Mama Boye is alleged to have died testate on 24th September, 2002 and the action was for the following reliefs:- “(1) A declaration that the Will of the late Dr. Emmanuel Mama Boye dated July, 2002 was duly executed in accordance with the provisions of the Wills Act of 1971 (Act 360) and must be pronounced valid. (2) An order that the said Will of the late Dr. Emmanuel Mama Boye dated 26th July, 2002 be admitted to probate.” The plaintiff is the sole executor of the Will of the late Dr. Emmanuel Mama Boye. The 1st defendant claims to be the lawful surviving spouse of the testator whilst the 2nd, 3rd and 4th defendants also describe themselves as principal members and customary successors of the testator. They (the defendants) t...