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CAPTAIN MICHAEL A. WOOD vs GEORGE WOOD

February 21, 2024

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP JUSTICE SARAH ARYEE (MRS.), J.

Areas of Law

  • Civil Procedure
  • Probate and Succession

AI Generated Summary

Justice Sarah Aryee of the Ghana High Court refused an application by the defendant to summarily dismiss a suit brought by Michael A. Wood, a Ghanaian domiciled in the USA, who challenges a purported last will of his father, Michael Atu Wood, dated 23 September 1991, as forged. The defendant, claiming that Wood impersonated his identity and used a defective foreign address, filed a conditional appearance and sought dismissal for impersonation and wrong address. The court found, on exhibits and affidavits, that the plaintiff has been known as Michael Wood since childhood, that his US address is current and appears on his driving licence, and that he has appointed two Ghana-based attorneys through whom service can be effected. Relying on Supreme Court authority cautioning against striking out except in plain and obvious cases, and on Order 1 rule 2 of CI 47, the court held the interest of justice required refusing the application.

RULING