KOFI ASIEDU BOOHENE & ORS vs THE REGISTRAR GENERAL- REGISTRAR GENERAL DEPT. & ANOR
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWABENA ASUMAN-ADU
Areas of Law
- Probate and Succession
- Evidence Law
- Equity and Trusts
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiffs challenged the validity of a will, citing non-compliance with the Wills Act, 1971, and questioning the mental capacity of the deceased at the time of execution. They also disputed the validity of a trust created under the will and the sale of an estate property. Defendants argued for the will's validity, emphasizing the plaintiffs' past acceptance of benefits under the will. The court found the will valid, upheld the estate's administration by the executor, and recognized the bona fide status of the property purchaser, ultimately dismissing the plaintiffs' claims.
Plaintiffs commenced the instant action by issuing writ of summons and statement of claim against the defendants on 9th November, 2010claiming as follows:
i. A declaration that the alleged will of E. H. Boohene (decd. ) made the 4th day of July, 2003 is invalid for want of compliance with the Wills Act, 1971 (Act 360), particularly sections 1(2) & 2(3) thereof.
ii. An order revoking the grant of probate of the said will.
iii. An order directing the 1st defendant to account for his administration of the estate.
iv. A declaration that the Foundation (or trust settlement)purported to have been created under the alleged will was incompletely constituted, failed for lack of certainty, and was that unenforceable.
v. A declaration that in the result the deceased died intestate and his estate falls into intestacy.
vi. An order for the administration of the deceased’s estate in accordance with the Intestate Succession Law, 1985 (PNDCL 111).
vii. A further order for the grant of letters of administration to 1st, 3rd and 5th plaintiffs, as representing the surviving children and such other person as may be nominated by the deceased’s family.
viii. A declaration that the sale of the deceased’s property known as No. 12 Akosombo Road, Airport Residential Area, Accra, is void and of no legal effect.
ix. An order revoking the sale of the property known as No. 12, Akosombo Road, Airport Residential Area, aforesaid.
x. An order of injunction to restrain the 1st Defendant or his agents from dealing with the estate of the deceased in any manner whatsoever; and in particular from completing or perfecting any title deeds relative to the said sale.
Any further or other orders, inclusive of costs.
Both 1st and 2nd defendants entered appearance on 17th November, 2010 and went on to file their respective statements of defence on 7thDecember, 2010 and 1st December, 2010 respectively denying plaintiffs “claim.
Plaintiffs then filed a reply to the defendants‟ statements of defence on 17th December, 2010 and went on to file application for directions on the same day raising the following issues:
a) Whether the alleged will of E. H. Boohene (decd. ) made the 4th day of July, 2006 is void for want of compliance with the Wills Act, 1971 (Act 360), particularly Sections 1(2) and 2(3).
b) Whether the foundation or trust purportedly settled by the deceased under the alleged will is valid and enforceable.
c) Whether the sale of the deceased’s property at Airport Residential Ar