DR. JOHN R. KELLS JOSEPH K WHAJAH v. DR. EBENEZER A. ADJEI

This appeal arises from a High Court order requiring a pronouncement on the validity of a 1989 will purportedly executed by Dr. John Ackah Blay Miezah. The plaintiffs, including executor Dr. John Robert Kells, sought confirmation of its validity against allegations of forgery by defendants Dr. Ebenezer Ako Adjei and Francis Kaku Mensah, joined by family members Rexona Kim Blay Miezah and Francis Kolorah Blay Miezah. The High Court held the 1989 will valid and made pronouncements about an earlier 1988 will and other exhibits. On appeal, the Court of Appeal majority (Lamptey, J.A., joined by Benin, J.A.) upheld the validity of the 1989 will, found that forgery was not proven under the Evidence Decree’s beyond reasonable doubt standard, and set aside the trial court’s orders regarding the 1988 will and Exhibits 13 and 16 for procedural impropriety. The court rejected an allegation of judicial bias. Benin, J.A., additionally reasoned the London sitting to take Mrs. Pennington’s testimony was beyond jurisdiction, but found ample Accra evidence to affirm. Baddoo, J.A., dissented, finding inconsistencies and would have allowed the appeal.