[2020]DLSC9914 • November 4, 2020 • Supreme Court •
MR. SENTI MICHAEL vs. REV. FATHER MON KWAME AND DR. ASOMAH
Thomas Asante Senti, also known as Nana Senti, died in 2013. His Will was read at the High Court, Sunyani. The oldest son, Mr. Senti Michael (respondent), entered a caveat against the Will, alleging it was invalid due to lack of clarity, the testator's ill health at execution, and fraud. The executors named in the Will, Rev. Father Mon Kwame and Dr. Isaac Asomah (appellants), appealed after the High Court and Court of Appeal declared the Will invalid.
read moreJUDGMENT OF AMEGATCHER, JSC:- The appellants Rev. Father Mon Kwame and Dr. Isaac Asomah are the named Executors in the Will of the late Thomas Asante Senti; also known in his lifetime as Nana Senti by reason of a chieftaincy title he held as the then Tufuhene of Techimantia. The appellants are in this court because they have appealed against the judgment of the Court of Appeal sitting at Kumasi dated 22nd May, 2018. What then are the facts leading to this appeal? FACTS: Thomas Asante Senti died in Sunyani on 25th February, 2013. After his death, his Will was read at the High Court, Sunyani. His oldest son and plaintiff/respondent/respondent to this action entered a caveat against the Will. After complying with the necessary processes under Order 66 of the High Court Civil Procedure rules C.I. 47, the respondent, qualified as a person who has or claims to have an interest in the estate of the deceased testator, invoked his rights under Order 66 rule 28 and instituted an action at t...