Consequent to the defendants’ filing of caveats against the grant of probate to administer the estate of Mr. Henry Kwadjo Djaba, this writ was instituted on the 12/2/15 with the following reliefs:
a) A declaration that the paper writing (Will) of the late Henry Kwadwoe Djaba dated 14th February 2013 and deposited at the Registry of the High Court Accra is valid.
b) An order granting probate of the Will of the late Henry Kwadjo Djaba to the plaintiff c) Costs.
PLAINTIFF’S CASE The plaintiff is a lawyer who was appointed as executor of the Will of the late Henry Djaba who died 29th September 2013 at Korlebu Hospital and was buried on 15th December 2013 at Somanya.
Mr. Joseph Daillo Mensah the other executor of his Will predeceased the testator.
The Will of the late Mr. Henry Kwadjo Djaba was prepared in NII Okantey chambers by Mr. William Addo a private legal practitioner of that chambers.
The statement of claim attached to the writ stated that at the time of the of execution of the Will the deceased understood the contents of same and in good mental state as he appended his signature in the presence of two witnesses.
Subsequent to the reading of the Will the plaintiff applied to the High Court for the grant of probate to enable him administer and distribute the Estate of the deceased according to the Will.
Defendants who are some of the children of the late Mr. Henry Kwadjo Djaba filed a caveat against the grant of probate alleging among other things false allegations that the signature of the deceased on the Will was not genuine and he was not in a good state of mind at the time the Will was made.
The plaintiff therefore instituted this action claiming the above mentioned reliefs.
An affidavit of testamentary script was filed on the 18th of June 2015. A search was also conducted and the result was that the defendants have been served with the writ but there has been no response on the side of the defendants, they did not even file an appearance.
On the 20th of January 2016 therefore plaintiff applied to the court to set down the suit for hearing, and on the 28th of January 2016 Beatrice Amarteifio who has worked as a secretary in Nii Okante chambers since 20/08/1983 gave evidence to prove the case of the plaintiff.
She testified that Mr. Henry Kwadjo Daba was one of their clients who came to prepare a Will and she was asked to witness his signature, she did so with one Mr. Osei who also worked in the chambers at the time.
She also stated that
