ALFRED NII TEIKO TAGOE SUBSTITUTED BY CHRISTIAN v. HENRY NII AMARTEIFIO
2013
COURT OF APPEAL
GHANA
CORAM
- KUSI APPIAH JA (PRESIDING)
- ADUAMA OSEI JA
- SAEED K. GYAN JA
Areas of Law
- Probate and Succession
- Evidence Law
- Civil Procedure
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal contested the validity of Nicholas Teiko Tagoe's will, claiming fraud and forgery, stating the testator was blind and frail. The trial court dismissed the challenge after examining expert testimonies that supported the will's authenticity. The Plaintiff's appeal alleged erroneous judgment and incorrect interpretation of expert opinions. The appellate court found no merit in the appeal, affirming the trial courts findings as credible and well-founded based on the evidence. The legal principles included the presumption of regularity in testamentary documents and the duty of executors to prove the wills legitimacy. The appeal was dismissed, cementing the lower court's decision.
SAEED K. GYAN JA
This is an appeal against the judgment of Anin Yeboah, J.A.(as he then was) sitting as additional High Court Judge. The judgment was delivered on 21st December 2004. By that judgment the trial Court rejected and, accordingly, dismissed the challenge to the last will and Testament of Nicholas Teiko Tagoe (deceased) who died on 12th May 2001. The will was dated 12th October 2000 and admitted to probate by the High Court. The original Plaintiff who identified himself as the uterine brother and customary successor of the Testator sued the named executor, the Defendant/Respondent herein, at the High Court for revocation of the said probate. The writ and accompanying statement of claim had been preceded by a citation for the recall of the probate granted to the Defendant/Respondent herein on 20/7/2001.
The action taken by the Plaintiff was obviously based on the suspicion that the will was fraudulent and that the Testator’s signature thereon was forged. Additionally it was contended by the plaintiff that the Testator had become weak and frail as a result of sickness and was blind some time before his death and, therefore, could not have signed the document claimed to be his last Will and Testament. Significantly, contrary to the rules and practice in pleading, no particulars of fraud were provided in the statement of claim. The original Plaintiff having died he was duly substituted by one Christian Robert Tagoe.
The case went through the hands of several Judges, but it was Anin Yeboah, JA (as he then was) who finally saw it through a full trial and gave judgment on 21st December,2012. Oral and documentary evidence was tendered at the trial. Indeed, the Court availed itself of two expert witnesses who examined the various documents, including the disputed Will, presented official reports on their respective work and subsequently mounted the witness box to be examined. Additionally, the Plaintiff himself also presented a purported technical examination report on the disputed will and called a witness to speak to that report.
The trial Judge having examined all the evidence and material placed before the court during the trial concluded that the Plaintiff had signally failed to make a credible case that the Will in dispute was fraudulent or that the testator’s signature on the Will was forged. On the other hand the trial judge found the evidence in proof of the Will in solemn form to be more credible and consequently, admitted the Will of the l