MARY OKAILEY WELBECK vs. SIMON TACKIE WELBECK

AKAMBA, JSC: The plaintiff/appellant (hereafter simply referred to as ‘appellant’), and the defendant/respondent (hereinafter simply referred to as ‘respondent’) are children of the testator, Joseph Ayikai Welbeck (deceased). The appellant by an action initiated in the High Court, Accra, sought a declaration that the will of their late father, executed on 17th July 1997 was either forged or obtained by fraud. The court heard the suit and dismissed the action on 22nd June 2011. It entered judgment in favour of the respondent who is one of two named executors/trustees under the said will. The appellant invoked the appeal process only for the Court of Appeal to similarly dismiss the appeal and to affirm the decision of the trial court in its entirety in its decision of 14th March 2013. Undeterred by the two unsuccessful bids, the appellant filed a notice of appeal on 6th May 2013 for further redress by this court. GROUNDS OF APPEAL The appellant filed the following grounds of...