[2024]DLCA17593 • May 9, 2024 • Court of Appeal
AFIAH NYARKO vs. VIVIAN AWUAH & 2 ORS
The appellant, widow of the late Kwaku Ahima, challenged the validity of portions of her late husband's Will, particularly disputing his testamentary capacity over certain properties including shares in Ahinyark Company Ltd and real estate in Kumasi. She claimed entitlement to half of the disputed properties based on her contributions during their marriage, including joint acquisition of vehicles and establishment of a company. The respondents, executors of the Will, denied these claims and counterclaimed for the Will's validity. The High Court upheld the Will except for the devises related to Ahinyark Company Ltd. The appellant appealed against the judgment portion upholding the Will's validity over other properties.
read moreJUDGMENT SUURBAAREH, JA The Plaintiff/Appellant, being aggrieved by a portion of the judgment of the High Court, Kumasi, dated 10th May, 2022, has mounted the instant appeal on the omnibus ground about the judgment being against the weight of the evidence. The particular portion of the judgment being appealed, is the aspect that gave effect to the last Will and Testament of the late KWAKU AHIMA, save the devises in respect of Ahinyark Company. The Plaintiff/Appellant, simply called Appellant hereinafter, is the widow of the late Kwaku Ahima. The defendants/respondents, called respondents hereinafter, are executors of the Will of Kwaku Ahima. The appellant, per her writ of summons, sought against respondents the following reliefs: “a. Declaration that devises as contained in the pretended Will of her deceased husband dated 22nd day of May, 2017 be set aside as the deceased did not have full or entire testamentary capacity over the properties listed in relief endorsed on the writ.....