[2024]DLHC18168February 12, 2024High Court

FREDERICK OWONA ODAME vs. JANET ODAME & ORS

JUDGMENT The onus is on the propounder of the Will to prove positively that the Will was duly executed, in that it complied with the requirements of sections 1 and 2 of the Wills Act. 1971 (Act 360). BACKGROUND OF THE CASE The plaintiff is one of the children of the late Daniel Kwaku Odame, who died on the 11th of December, 2016. He was 90 years old at the time of his death and was survived by a wife and sixteen children. The 1st Defendant is the widow of the deceased. The 2nd and 3rd Defendants are named Executors of the Wills of the deceased which Wills are the subject matter of this suit. The deceased during his lifetime, acquired properties which included a house, numbered H/No. 147/15 Mataheko Accra, H/No. 28 Mpraeso Eastern Region, and a plot of land at Peikuma near Kasoa. A search at the High Court revealed that three different Wills deposited at the Court's Registry in the name of the deceased. The first Will is dated the 7th August 2011, the 2nd dated 21st July 2015 an...