June 26, 2025
COURT OF APPEAL
GHANA
CORAM
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This is an appeal from the decision of the High Court, Kumasi, delivered on 15 November 2021.The trial court refused to declare the Will of the testator invalid because it met all the requirements of a valid Will. The court however entered Judgment in favour of the plaintiff/respondent in respect of his declaratory reliefs that, Houses numbered 77; Krobo District, O.I. 210, Ash town; and No.2 Block XIII, Amakom, all in Kumasi, are family property.
Henceforth, the designations of the parties at the court below will be maintained.
It is apposite to state the facts relevant to this appeal. The dispute revolves around the validity of the last Will of the late Obaapanin Grace Tenaso, a.k.a. Afia Tenaso a.k.a. Afua Nkuaa of Techimantia in the Brong Ahafo Region (now Ahafo Region) and her testamentary capacity as regards the devises made therein. Following the death of Grace Tenaso, a Will dated 30 April 2010 emerged. In the said Will, the testatrix devised House No.77, Krobo District, Kumasi; House No. O.I. 210, Ash Town, Kumasi; and House No.2 Block XIII, Amakom, Kumasi, to the named beneficiaries who are her children. As executors to the said Will, the 1st and 2nd Defendants applied for probate. However, a caveat was filed for and on behalf of the Asona Essaso/Techimantia family including all the siblings except the 3rd defendant herein. Consequently, the original plaintiff, for himself and in his capacity as Head of the Asona Family of Ashanti and Brong Ahafo Regions, issued a writ challenging the authenticity of the Will and the testamentary capacity of the testator. Specifically, the reliefs sought in the amended writ of summons and statement of claim are:
a. A declaration that the purported Last Will of Grace Tenaso a.k.a. Afia Tenaso a.k.a. Afia Nkuaa late of Techimantia in the Brong Ahafo Region dated 30 April 2010 was not the deed of the testator.
b. A declaration that the purported Last Will of Grace Tenaso a.k.a. Afia Tenaso
a.k.a. Afia Nkuaa late of Techimantia in the Brong Ahafo Region dated 30 April 2010 was fraudulently procured and same ought to be declared void.
c. A declaration that House No.77, Krobo District, Kumasi (also known as KO 77); House No. O.I. 210, Ash Town, Kumasi; and House No.2 Block XIII, Amakom, Kumasi, are family properties of the Asona Essaso/Techimantia family of Ashanti and Brong Ahafo Regions.
d. *Perpetual Injunction restraining
AI Generated Summary
This Ghana Court of Appeal decision arises from a dispute over the last Will of Obaapanin Grace Tenaso (also known as Afia Tenaso/Afua Nkuaa). After her death, a Will surfaced devising three Kumasi houses—KO 77 (Krobo District), O.I. 210 (Ash Town), and No.2 Block XIII (Old Amakom)—to her children, with the 1st and 2nd defendants acting as executors. The Asona Essaso/Techimantia family filed a caveat; the original plaintiff, George Adjei, as head of family, sued to challenge the Will’s authenticity and the testatrix’s capacity, asserting the properties were family assets. The High Court held the Will met formal requirements but expunged the three houses as family property, faulting the executors for distributing without probate, and ordering accounting. On appeal, the Court of Appeal affirmed: it upheld the plaintiff’s capacity (untraversed in pleadings), found KO 77 held under a trust, Old Amakom devolved to the immediate maternal family, and O.I. 210 belonged to the Essaso family under PNDC L.111. The court declined to invalidate the entire Will, dismissed the appeal, affirmed the High Court, and awarded GHC 10,000 costs.