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JUDGEMENT
The plaintiff claims against the defendants the following reliefs;
a) A declaration that the Will purportedly executed by Stephen Bonku, a.k. a.
Mallam Kweku Seidu on 7th July 2019, is not the last Will and Testament of
Stephen Bonku, a.k.a. Mallam Kweku Seidu and, for that matter, fraudulent.
PARTICULARS OF FRAUD
i. That on the alleged date of execution of the will, the testator who was ill
was in the care of Felicia Amissah and Evelyn Amissah at Brafoyaw, and he
did not execute the said will
ii. That on the said date of the purported execution, the testator was
subsequently taken to the Abronsah Prayer Camp by Evelyn Amissah and
Felicia Amissah and did not execute the will.
iii. That the said Felicia Amissah and Evelyn Amissah have indicated that the
late Stephen Bonku, a.k.a. Mallam Kweku Seidu, did not execute any
document on the said 7th July 2013.
b) An order setting aside the purported Will of Stephen Bonku, a.k.a. Mallam
Kweku Seidu
c) An order setting aside the purported distribution of the estate of Stephen
Bonku, a.k.a. Mallam Kweku Seidu, as having been made without any lawful
authority
d) An order of award of costs incidental to the institution of this action
e) Any further reliefs that this honourable court may deem fit to grant in the
circumstance.
The plaintiff herein is a cousin and customary successor to one Stephen Bonku alias
Mallam Seidu who died on 7th August 2013. The 1st defendant is an executor
mentioned in a purported will of the said Stephen Bonku, whilst the 2nd and 3rd
defendants are his surviving spouses. It is alleged that after his burial and funeral rites,
a will purportedly executed by him was brought out and read in the absence of the
plaintiff and other immediate family members of the deceased at the High Court. The
plaintiff believes the will is fraudulent because the deceased was ill on 7th July 2013,
the date the will was purportedly executed and could not have executed the same. It
is alleged that on the said date, he was ill and in the company of Felicia Asamoah and
Evelyn Asamoah at Braforoyaw Cape Coast. It is also averred that on the said date
that the will was purportedly executed, due to the precarious nature of his illness, he
was taken to Aboransah prayer Camp by both Evelyn and Felicia and thus could not
have executed the will. A letter dated 17th January 2017 written by a lawyer upon the
instructions of the 2nd and 3rd defendants indicated that the properties of the said