[2012]DLSC6416 • December 12, 2012 • Supreme Court •
JOSEPH AKONU-BAFFOE AND 2 OTHERS vs. LAWRENCE BUAKU AND ANOTHER
The deceased, Thomas Kobina Bremansu, executed two wills: one in 1992 naming the respondents as executors, and another in 1995 naming the appellants as executors. Upon the deceased's death, the respondents obtained probate for the 1992 will. The appellants challenged this, claiming the 1995 will revoked the earlier will. The respondents counterclaimed to set aside the 1995 will as not being the deceased's deed. The trial court and Court of Appeal ruled in favor of the respondents, finding the 1995 will invalid.
read moreANSAH, J.S.C. The facts of this case are hardly contentious. In 1992, Thomas Kobina Bremansu executed a will and named the defendants/respondents/respondents (hereinafter "the respondents") as executors. Upon Bremansu's demise, they applied for and obtained probate to deal with his estate. When the respondents attempted to take charge of one of Bremansu's properties in Takoradi, it became known that the late Bremansu had executed another will in 1995. The plaintiffs/ appellants/ appellants (hereinafter "appellants") were named the executors of the latter will. The appellants consequently brought an action for "an order that probate of the estate of Thomas Kobina Barimansu granted to the defendants be called in and revoked for want of interest and for dissipating the estate." The respondents counterclaimed and sought "an order setting aside the alleged will of the deceased dated 22nd day of February, 1997 on the grounds that it is not the deed of the deceased." The trial judge entered...