[2020]DLSC8754 • January 22, 2020 • Supreme Court •
THOMAS TATA ATANLEY KOFIGAH & BILOLA ROSE ATANLEY KOFIGAH vs. KOFIGAH FRANCIS ATANLEY & REV. FATHER ATSU
The late Thomas Komlah Atanley Kofigah, a Togolese national residing in Ghana, died leaving a Will dated 14th November 2007 deposited in the High Court Registry. The plaintiffs, two of his children, challenged the validity of the Will alleging forgery, particularly disputing the signature of the testator. The defendants, executors named in the Will, maintained its validity. The High Court upheld the Will's validity, but the Court of Appeal reversed this decision, declaring the Will invalid. The Supreme Court was called to determine the validity of the Will deposited in the High Court Registry.
read moreThis is an appeal against the judgment of the Court of Appeal dated 22nd February, 2018 which judgment reversed the decision of the High Court upholding the validity of the Will and Testament of the late Thomas Komlah Atanley Kofigah dated 14th November, 2007 and deposited in the registry of the High Court, Accra. The background of the appeal is as follows; The late Thomas Komlah Atanley Kofigah was a Togolese national who migrated and settled in Ghana. He had a successful business stint while in Ghana, setting up companies, establishing a hotel and other businesses. He acquired several movable and immovable properties in the Republics of Togo and Ghana. He had twenty-one children from different marriages. He died on 5th September, 2009 in Accra. After his death, it emerged that he left a Will which was said to be in the possession of one Lawyer Asiedu and he had it deposited in the Registry of the High Court, Accra on 7th October, 2009. Following the deposit of the Will, the Regist...