MARY OKAILEY WELBECK vs. SIMON TACKIE WELBECK

DENNIS ADJEI,J.A.: On 22nd June, 2011 the High Court Accra dismissed the plaintiff/appellant’s action (hereafter called the plaintiff) and entered judgment in favour of the defendant/ respondent hereafter called the defendant. The High Court in its judgment held that the last will and testament of the late Joseph Ayikai Welbeck who died on 17th July,1997 was neither forged nor fraudulently obtained and was duly executed in accordance with the Will’s Act, Act 360. The plaintiff dissatisfied with the judgment of the trial High Court filed an appeal against it on 5th July, 2011. The brief facts of the case culminating in this appeal were that the parties herein were some of the children of the late Joseph Ayikai Welbeck who died on 4th April, 2003. The parties come from different mothers. The will of the deceased dated 17th July, 1997 was admitted to probate by the High Court without a caveat. The plaintiff was given an insignificant amount of ¢10,000.00(GH¢10.00) by her ...