GRACE OFFEH VS KWASI PREMPEH & ORS
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE PATRICIA QUANSAH
Areas of Law
- Evidence Law
- Probate and Succession
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff contested the validity of her late father's will, arguing that it was not his voluntary act and included devises of property to a predeceased daughter. The Defendants maintained the will's validity, presenting witness testimonies and evidence that the deceased had the necessary mental capacity. The court examined the validity of the will, the deceased's testamentary capacity, and the authenticity of his signature. It held that the will was valid, the deceased had the necessary mental capacity, and the signature was genuine. The property contested by the Plaintiff was ruled not to be part of the deceased's estate, and the Plaintiff’s reliefs were largely dismissed.
I. INTRODUCTION
“There is something about Wills which brings out the worst of human nature.
People who under ordinary circumstances are perfectly upright and amiable, go as curly as corkscrews and foam at the mouth whenever they hear the words“I devise and bequeath. ”Dorothy L. Sayers, “Strong Poison”[i] As the quote above suggests, there is a will in contention and the Plaintiff herein is one of the older children the deceased had with his late first wife.
There are however other children and a surviving spouse left behind by the deceased, Edward Kwaku Offeh. [ii] The Plaintiff herein thus contends she and her siblings are the children of the late Edward Kwaku Offeh @ Kwaku Nsiah of Buokrom Estate Kumasi Ashanti, begat with his wife, the late Ama Kumah @ Ama Dwomo @Grace Omane of Odumase, Asante Akim.
Plaintiff further contends that she brings this action against the Defendants herein jointly and severally on behalf of herself and all her surviving siblings, namely Joseph Offeh, Mercy Offeh and Elizabeth Offeh who are all currently living abroad, outside the jurisdiction of this Honourable Court. [iii] The 1st Defendant herein is the named Executor of the alleged or purported Will of the deceased, Edward Kwaku Offeh @ Kwaku Nsiah, whilst the 2nd, 3rd and 4th Defendants are the surviving spouse and the younger children respectively of the late Edward Offeh or Kwaku Nsiah.
They are also beneficiaries under the alleged Will.
The 5th and 6th Defendants herein are the children of the late Comfort Offeh and have been joined in this action as representing themselves and their siblings, as beneficiaries under the estate of the late Comfort Offeh, who is also said to be a child of the deceased, Edward Kwaku Offeh, and who predeceased his father, Edward Kwaku Offeh.
2. FACTS OF THE PLAINTIFF’S CASE [iv] Per the Plaintiff in her statement of claim and which was subsequently amended, the late Comfort Offeh was their eldest sibling and the daughter of the late Kwaku Nsiah; but Comfort Offeh died in Kumasi on the 6th day of March 2010, when their father, Kwaku Nsiah was alive.
The Plaintiff says further that their father Kwaku Nsiah together with his wife and children and maternal family members were all quite aware of the death of his daughter, Comfort Offeh, whose burial and funeral rites were publicly held in Kumasi on 24th April 2010. Edward Offeh or Kwaku Nsiah subsequently died in Kumasi on the 4th of January 2016, and that after his burial and s