[2024]DLCA17916 • November 28, 2024 • Court of Appeal
AKOSUA ADDAI & 2 ORS. vs. YAW ASAMOAH
The appellants contested the will of the late Opanin Kwame Mensah, alleging he lacked testamentary capacity to devise certain family properties in his will dated 5th March 2009. They sought declarations that these properties were family-owned and not subject to testamentary disposition. The respondents denied these claims, asserting the properties were either gifted to the testator or self-acquired. The trial court partially set aside some devises and affirmed others, including declaring certain properties as belonging to the respondents and their siblings. The appellants appealed the trial court's decision, challenging the ownership and testamentary capacity issues.
read moreJUDGMENT KWAMINA BAIDEN, JA. The Plaintiffs/Appellants hereinafter referred to as the Appellants contested the will of Opanin Kwame Mensah on the ground that he lacked the testamentary capacity to make certain devises in his will dated 5th March, 2009 because the properties concerned were family properties. They also prayed for a declaration that the said properties were vested in the family. The Defendants/Respondents hereinafter referred to as the Respondents denied the claim of the Appellants, claiming the devised properties were either gifted to the testator or his self-acquired properties. After a full trial, the trial Court on 6th December, 2022 gave judgment setting aside some of the devises, allowing some of the devises, declaring 2nd and 3rd Defendants and their siblings as owners of House Number 9 Block ‘D’ and giving power to the head of family of Opanin Kwame Mensah to determine the status of certain properties. Per the Notice of Appeal filed on 21st Feb...