KELLS AND ANOTHER vs. ADJEI AND OTHERS [2001]DLSC1203

Date	2001-10-24
Suit No.
Citation No.	[2001]DLSC1203

BAMFORD-ADDO JSC

AMPIAH JSC

ADJABENG JSC

ACQUAH JSC

ATUGUBA JSC

J K AGYEMANG FOR THE SECOND DEFENDANT-APPELLANT.

WA N ADUMUA-BOSSMAN FOR THE PLAINTIFFS-RESPONDENTS.

STEPHEN ANNANCY FOR THE FIRST DEFENDANT-APPELLANT.

[2001]DLSC1203
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">KELLS AND ANOTHER<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">ADJEI AND OTHERS<o:p></o:p>[SUPREME
COURT, ACCRA]<o:p></o:p>[2001-2002]
1 GLR 617<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

<p class="MsoNormal" align="right" style="margin-bottom:5.0pt;text-align:right;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">Date: 24 OCTOBER 2001<o:p></o:p>

</div>COUNSEL: <o:p></o:p>J K
AGYEMANG FOR THE SECOND DEFENDANT-APPELLANT.<o:p></o:p>WA
N ADUMUA-BOSSMAN FOR THE PLAINTIFFS-RESPONDENTS.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

STEPHEN
ANNANCY FOR THE FIRST DEFENDANT-APPELLANT.
<o:p></o:p>

BAMFORD-ADDO,
AMPIAH, ADJABENG, ACQUAH AND ATUGUBA JJSC<o:p></o:p>

</div>JUDGEMENT<o:p></o:p>Acquah JSC. <o:p></o:p>Dr
John Ackah Blay-Miezah, traditionally known as Nana Ackah Nyanzu II, Gyasihene
of Benin in the Western Region of Ghana, during his lifetime comported himself
and led such a lifestyle as to make the public believe that he was one of the
richest, if not the richest, person then in Ghana. He died in Accra in 1992
leaving behind an estate alleged to value about US$42 billion. As to whether he
did, indeed, have all that much is another matter. However, in one of his wills
dated 8 May 1988, he made total cash bequests of over US$80 million to about 50
named beneficiaries. It is in respect of this estate that one Dr John Robert
Kells, a teacher in Chinese exercise and meditation in London, sought a
declaration at the High Court, Accra that a will produced by him and claiming
to have been made by the late Dr Blay-Miezah on 29 January 1989 was valid. The
said will named this Dr Kells as the sole executor and sole beneficiary of the
entire estate of Dr Blay-Miezah. The family and close members of the deceased
emphatically denied the validity of this will. They alleged it was a forgery.
The High Court (Mrs Sawyer-Williams J) on 20 May 1997 gave judgment for Dr
Kells declaring the will valid. The Court of Appeal on 18 November 1999 by a
majority of 2:1 confirmed that decision. It is from this decision that the
instant appeal is launched. But first, the events that led to the institution
of the action.<o:p></o:p>Dr
John Ackah Blay-Miezah died at Abelemkpe in Accra on 30 June 1992 leaving
behind a wife and fourteen children, including minors. After his burial, it
came to the knowledge of his family that he had left behind a will deposited in
some banks in Switzerland. The family therefore decided that his widow, Mrs
Joyce Blay-Miezah, and the head of the family, Nana Asemda should apply for
letters of administration to enable them retrieve this will from Switzerland.
An application for letters of administration was accordingly filed at the High
Court, Accra and it was granted to Mrs Joyce Blay-Miezah and Nana Asemda on 22
January 1993. Subsequently, Mr Adumua-Bossman applied on behalf of Dr John
Robert Kells and the same Nana Asemda, for probate in respect of a will allegedly
made by Dr Blay-Miezah on 29 January 1989 (the 1989 will). Once the letters of
administration in respect of the same estate was subsisting, the application
for probate was naturally refused.<o:p></o:p>In
due course, a copy of the will deposited in Switzerland, had been obtained and
deposited at the High Court, Accra. It is dated 8 May 1988 and would
(hereinafter be referred to as the 1988 will).<o:p></o:p>Dr
Ako Adjei and Francis K Mensah sought an application for probate of this will,
but it was caveated.<o:p></o:p>