[2014]DLSC2850 • December 4, 2014 • Supreme Court •
NORA OTOO AND OTHERS vs. REUBEN OTOO AND OTHERS
The case concerns a review application by the Defendants/Appellants/Applicants challenging the validity of the Will of the late Edward Kabu Otoo on the ground that the testator was illiterate and the Will did not comply with the Illiterates Protection Ordinance, 1912 (Cap. 262), specifically lacking a 'jurat' clause evidencing that the document was read and explained to the testator. This issue was not raised in earlier proceedings due to previous counsel's failure to inquire about the testator's literacy. The applicants seek to introduce this new matter in a review application, asserting it constitutes exceptional circumstances and new evidence warranting review.
read moreBENIN, JSC:- This matter is before the Supreme Court in a review application. The Defendants/Appellants/Respondents/Applicants, hereafter called the applicants, have filed their affidavit and statement of case in the said application. By the present application the applicants are asking the court to grant them leave to file a supplementary affidavit and statement of case. The main ground for the application is that the Will of the late Edward Kabu Otoo, hereafter called the Testator, which has been at the heart of the dispute resulting in the application for review was invalid on ground that the Testator was illiterate and the Will did not meet the requirements of the law as regards a ‘jurat’. This fact became known during interaction between the applicants and their new lawyers and the latter have found it necessary to disclose this to the court since it would have an important influence or effect on the decision of the court. Paragraphs 9-14 of the affidavit in support deposed...