ELIZABETH AGYEI & 2 OTHERS vs. FELIX MAAFO & OTHER [2013]DLHC8482

Date	2013-12-03
Suit No.	SUIT NO. E5/54/06
Citation No.	[2013]DLHC8482

HIS LORDSHIP JUSTICE JACOB B. BOON

MICHAEL OWUSU FOR THE PLAINTIFFS

YAW BOAFO FOR DEFENDANTS

[2013]DLHC8482
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >ELIZABETH
AGYEI &amp; 2 OTHERS<o:p></o:p>vs.<o:p></o:p>FELIX MAAFO
&amp; OTHER<o:p></o:p><o:p>&nbsp;</o:p>[HIGH
COURT, KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT
NO. E5/54/06&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 3RD DECEMBER, 2013<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MICHAEL
OWUSU FOR THE PLAINTIFFS<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

YAW
BOAFO FOR DEFENDANTS<o:p></o:p>

</div>CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

HIS LORDSHIP JUSTICE JACOB B. BOON<o:p></o:p>

</div>In this suit, the heart of the matter is a document purported to be the
last will and testament of one Isaac Darfour Adade alias Kwame Dafour who died
on 7th January, 2006. &nbsp;A certified
true copy of the document dated 11th April, 2002 is in evidence and
marked as Exhibit ‘C5’. The writ was issued from the Registry of this court on
26th June, 2006 wherein the plaintiffs claimed following reliefs:<o:p></o:p><o:p>&nbsp;</o:p>“a. a declaration that the last
will and Testament of the late Isaac Darfour Adade aka Kwame Darfour was not
signed/or executed by him.<o:p></o:p>b. a declaration that the last
will and Testament of late Isaac Darfour Adade aka Kwame Darfour made and date
April, 11, 2006 is null and void and of no effect” <o:p></o:p><o:p>&nbsp;</o:p>From the statement of claim, the first and second plaintiffs are widow
and daughter respectively of late Kwame Darfour. It was asserted by the
defendants that the deceased and first plaintiff got divorced before the death
of Kwame Darfour. It should be placed on record that first plaintiff passed
away during the pendency of the suit. The status of third plaintiff is also unclear.
Whilst second plaintiff testified that she is her younger sister of the same
mother, the second defendant said her mother was a friend to the first
plaintiff; that 3rd plaintiff’s mother passed away when she was a child
of between ten and twelve years old. She therefore came to live with the first
plaintiff because of the friendship between first plaintiff and her mother.<o:p></o:p><o:p>&nbsp;</o:p>On the other hand, the second defendant is a daughter of Kwame Darfour
and a sibling of second plaintiff. The first defendant was sued in his capacity
as the executor of the purported will of Kwame Darfour.<o:p></o:p><o:p>&nbsp;</o:p>It is the contention of the plaintiffs that the late Kwame Darfour did
not execute the document referred to as his will (exhibit 5) and therefore
prayed the exhibit&nbsp; as well as a probate
said to have been fraudulently procured in respect of exhibit C5 &nbsp;be declared null and void.<o:p></o:p><o:p>&nbsp;</o:p>Originally, only the first defendant was sued. However the court granted
leave for the second defendant to join the action as a beneficiary because the
first defendant lost interest in defending the suit and was consistently absent
from court. The decision to grant leave for the second defendant to join the
action as a beneficiary though no vesting assent has been executed in her
favour, seems, on the face of it, to be contrary to the law regarding
administration of estates. For instance, the Supreme Court held in Okyere
(deceased) (substituted) by Peprah v Appenteng &amp; Adomaa (2012) SCGLR 65,
holding (2) at pages 66-67 that: <o:p></o:p><o:p>&nbsp;</o:p>“…The correct legal position
was that a devisee could not sue or be sued in relation to the devised property
before a vesting assent had been executed in his or her favour. Accordingly, in
the absence of a vesting assent executed in favour of th</main>