[2023]DLCA16022 • May 24, 2023 • Court of Appeal
JANET KWAFO AKA AKOSUA JANET vs. REV. CHARLES ANIN BRAKO & 3 ORS
The Plaintiff, daughter of the deceased Amma Afrah alias Nkone, contested the validity of a Will dated 9th January 2012, which purportedly bequeathed a farm at Ahimakrom to the 3rd and 4th Defendants, who are her siblings and beneficiaries under the Will. The Plaintiff alleged that the Will was not the act and deed of the deceased and that the deceased lacked testamentary capacity over the disputed land, having previously gifted it inter vivos to the Plaintiff. The Defendants denied the Plaintiff's ownership and asserted the Will's validity. The trial court found the Will invalid due to undue influence and affirmed the Plaintiff's title to the farm based on the inter vivos gift.
read moreMENSAH-HOMIAH, J.A. INTRODUCTION: This is an appeal by the 4th Defendant/Appellant against the judgment of the High Court, Sunyani, dated 17th June 2022, by which the learned trial Judge declared that the document dated 9th January 2012 is not the act and deed of the testator, Amma Afrah alias Nkone, and proceeded to grant the reliefs sought by the Plaintiff/Respondent herein. The 4th Defendant/Appellant invokes the jurisdiction of this Court pursuant to a Notice of Appeal filed on 6th September 2022 for a reversal of the decision of the trial High Court together with all the consequential orders made. For ease of reference, the Plaintiff/Respondent and the 4th Defendant/Appellant will hereafter be referred to as Plaintiff and 4th Defendant respectively. BACKGROUND: The Plaintiff is a daughter of one Amma Afrah alias Nkone (Deceased), who is said to have died testate. The 1st and 2nd defendants are the executors named in the document dated 9th January, 2012 and described as the...