IN RE NKANSAH (DECD); NKANSAH ALIAS DAVID v. OKYERE
1989
COURT OF APPEAL
GHANA
CORAM
- OSEI-HWERE
- LAMPTEY
- ESSIEM JJ.A
Areas of Law
- Probate and Succession
- Civil Procedure
1989
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Chief Pastor Kwaku David (also known as Kwaku David Boadu) sought letters of administration with the will annexed for the estate of the late Prophet James Kwame Nkansah, declaring the African Faith Tabernacle Church at Anyinam as a valuable asset and confirming his leadership under the will’s habendum. The caveator, as head of family and customary successor, entered a caveat, alleged intestacy, disputed due execution under the Wills Act, and requested solemn-form proof. The High Court ordered the applicant might issue a writ but did not clarify its purpose, prompting an appeal. The Court of Appeal held that a customary successor has sufficient interest to demand proof in solemn form; Order 60 rule 21 concerns entitlement to grants and does not apply here. The appeal was dismissed and the order rectified to compel the applicant to issue a writ to propound the will in solemn form.
JUDGMENT OF OSEI-HWERE J.A.
The applicant-appellant applied to the High Court, Koforidua for letters of administration with the will annexed, contending that the sole executor appointed in the alleged will of the late Prophet James Kwame Nkansah had indicated that he was not in a position to administer the estate of which he, the applicant, is the sole beneficiary. The application was accompanied by the applicant's oath for administration with the will annexed sworn to the effect, inter alia, that he will faithfully administer the personal property of the testator and also that the whole of the said personal property does not exceed in value the sum of ¢20 million. He also filed, under oath, a declaration of the movable and immovable property of the testator which had since his death come to his possession or knowledge as the sole beneficiary of his will. He declared as follows: "The African Faith Tabernacle Church with its headquarters at Anyinam valued at about . . . ¢10,000,000."
Now the habendum of the alleged will of the late Prophet James Kwame Nkansah runs as follows:
"I give and bequeath unto Chief Pastor Kwaku David of African Faith Tabernacle Church, National Headquarters, Anyinam aforesaid: The African Faith Tabernacle Church with its headquarters at Anyinam, aforesaid, and direct that his appointment as national and international pastor and presiding elder of the African Faith Tabernacle Church aforesaid, which appointment was contained in a document executed by me which met the consent, concurrence and support of all leading representatives of various congregations of the said African Faith Tabernacle Church throughout the world and which document was dated 30 July 1985, shall not be varied, disturbed, amended, or in any other way whatsoever interfered with nor shall any member of the church challenge the said such appointment in a manner inconsistent with his position as national and international pastor as well as presiding elder of the said African Faith Tabernacle Church, after my death."
[p.198]
The applicant's ex parte motion was further accompanied by the affidavits of two of the subscribing witnesses to show that the will was duly executed.
Obviously anticipating probate, the caveator-respondent took one step ahead of the applicant by entering a caveat almost one month ahead of the afore-mentioned application. On being warned, in accordance with Order 60, r. 17 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), to dis