ALFRED NII TEIKO TAGOE SUBSTITUTED BY CHRISTIAN ROBERT TAGOE vs. HENRY NII AMARTEIFIO

SAEED K. GYAN JA This is an appeal against the judgment of Anin Yeboah, J.A.(as he then was) sitting as additional High Court Judge. The judgment was delivered on 21st December 2004. By that judgment the trial Court rejected and, accordingly, dismissed the challenge to the last will and Testament of Nicholas Teiko Tagoe (deceased) who died on 12th May 2001. The will was dated 12th October 2000 and admitted to probate by the High Court. The original Plaintiff who identified himself as the uterine brother and customary successor of the Testator sued the named executor, the Defendant/Respondent herein, at the High Court for revocation of the said probate. The writ and accompanying statement of claim had been preceded by a citation for the recall of the probate granted to the Defendant/Respondent herein on 20/7/2001. The action taken by the Plaintiff was obviously based on the suspicion that the will was fraudulent and that the Testator’s signature thereon was forged. Additionally it .....