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GRACE OFFEH VS KWASI PREMPEH & ORS

2024

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP JUSTICE PATRICIA QUANSAH

Areas of Law

  • Probate and Succession
  • Evidence Law
  • Property and Real Estate Law

AI Generated Summary

The High Court at Kumasi, per Justice Patricia Quansah, adjudicated a family dispute over the validity of a will allegedly executed by the late Edward Kwaku Offeh (also known as Kwaku Nsiah) on 11 January 2011. The Plaintiff, one of Offehs older children with his late first wife, sued the named executor (1st Defendant), the surviving spouse (2nd Defendant), younger children, and the descendants of Comfort Offeh, who had predeceased Offeh. Plaintiff contended the will was not Offehs voluntary act, carried a non-genuine signature, devised property to Comfort despite her prior death, and improperly attempted to dispose of House No. 51, Asesewa/Odumasi, which belonged to Plaintiffs mother under her 1991 will. Defendants insisted the will was validly executed, Offeh was compos mentis, and prior wills were revoked; they produced the drafting lawyer and a clerk, and the deposited will (Exhibit 3). The Court held the will was formally valid and admitted it to probate, dismissing the claims to invalidate it and declare intestacy. However, it declared that House No. 51 was not Offehs property and any devise of it failed; costs were not awarded.

JUDGMENT