[2024]DLCA17618 • June 6, 2024 • Court of Appeal
GENEVIEVE AMPONG vs. FELICIA DONKOR
The plaintiff, Genevieve Ampong, claimed to be the beneficiary under a Customary Law Will (Samansiw) made by her late father, Elvis Ahima, who purportedly devised several properties to her, including flats at Buokrom Estate and Kenyase, and proceeds from a cocoa farm. The defendant, Felicia Donkor, the surviving spouse and stepmother, disputed the validity of the will, alleging the deceased lacked mental capacity due to illness, that the will was fraudulently obtained, and that some properties were jointly acquired and thus not subject to the will. The High Court affirmed the validity of the customary will except for the Buokrom property, which was found to be jointly acquired and thus not subject to the will. The defendant appealed.
read moreJUDGMENT MENSAH-HOMIAH, J.A. INTRODUCTION: This appeal is taken against the Judgment of the High Court, Kumasi dated 14th July 2023 by which the learned trial Judge affirmed the validity of a Customary Law Will (Samansiw) made by one Elvis Ahima (deceased) and granted in part the reliefs sought by the plaintiff as a beneficiary under the said oral will. I will, in this judgment, refer to the plaintiff/respondent and defendant/appellant as plaintiff and defendant, respectively, for ease of reference. Customary Law Will and Samansiw will also be used interchangeably. BACKGROUND FACTS The plaintiff is the 1st surviving child of Elvis Ahima (deceased). She contended that, the deceased made a Customary law Will (Samansiw), sometime on 18th December 2019, which was captured on video. Under the Samansiw, the plaintiff said her father devised the following properties to her: (i) a flat on the second floor of H/No. Plot 15 Block B, Buokrom Estate, Kumasi; (ii) 2 bedrooms and a hall .in H...