[2014]DLCA5252June 26, 2014Court of Appeal

KWEKU KWEINU SEY & ANOTHER vs. MADAM HARRIET SERWAA ANIN

OFOE,J.A: The plaintiffs/appellants hereinafter referred to as plaintiffs are the executors of the purported will of Theophilus Ernest Annin. The defendant/ respondent herein referred to as defendant, was a sister of the deceased Theophilus Anin. She has joined her ancestors and has been substituted by the daughter. The main issue joined between the parties is whether the document exhibit A was a will executed by the deceased The case of the plaintiffs is simply that the will was duly executed by the deceased in the presence of one Samuel Amartey and Samuel Quartey both present at the same time. The defendant on the other hand maintained that the will was not executed by the deceased but that the signature on the alleged will was fraudulently procured. The gist of the particulars of fraud she provided was that the alleged signature on the said document was a forgery and that the deceased did not execute the said will of the deceased. Whilst the plaintiffs asked the trial court to dec...