[2015]DLCA8286 • November 12, 2015 • Court of Appeal
BRENDA VERONICA WARREN AND ORTHER vs. SAM OKUDZETO AND 3 OTHERS
The case concerns a challenge by Brenda Veronica Warren (Appellant) against the grant of probate of the Last Will and Testament of her late mother, Verna Eloise Warren, who died in 2002. The Will dated 25th January 2002 was contested on grounds of alleged fraud and undue influence by the Executors, including Sam Okudzeto, a lawyer and beneficiary. The Appellant alleged that she and her mother were excluded from the Will, which favored a non-relative co-defendant. The Executors sought probate, which was granted by the High Court. The Appellant's case was weakened by her failure to complete evidence and absence from cross-examination.
read moreSAEED K. GYAN, Were lamentations and mere passion to be an index for success in litigation I would clearly have said that the Plaintiff/Appellant herein would have scored maximum marks. The circumstances of this case appear to evoke tearful sympathy, and may in some way even possibly be regarded as tragic. However, as may be recalled, Wiredu, JSC (as he then was) in perhaps a similar difficult situation mournfully declared in the Supreme Court case of DEI XI Vrs. DARKE XII (1991) 2GLR 318 at page 341 as follows: “My sympathies no doubt are with the applicants but I take consolation in what has been said else where that Judicial Sympathy, however plausible, should not be elevated to a principle of law..” Wiredu, JSC equally pointed out rather sagaciously in FRIMPONG VRS. NYARKO [1998-99] SC GLR 734 at page 742 that the “Justice to be dispensed is justice within the law and not one of sympathy”. This is an appeal from the Judgment of the High Court, Accra, dated 28th March...