KWABENA OPOKU & ORS v. CHRISTIANA TETE WONTUMI
2015
COURT OF APPEAL
GHANA
CORAM
- ADJEI, J.A. (PRESIDING)
- SOWAH, J.A.
- KWOFIE, J.A
Areas of Law
- Evidence Law
- Property Law
- Wills and Probate Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal from the judgment of the High Court Koforidua, dated 6th April 2009, was dismissed. The plaintiffs failed to provide sufficient evidence to support their claim that the properties were family properties. The court upheld the validity of the Will made by the plaintiffs' mother, which devised the properties to the defendant. The trial court's judgment was affirmed by the appellate judges, who found no merit in the plaintiffs' grounds of appeal.
JUDGMENT
SOWAH, J.A:
This appeal is from the judgment of the High Court Koforidua dated
6th April 2009. The plaintiffs who are the appellants herein instituted action on 8th January 1994 seeking a declaration that all five properties listed in a schedule to the writ of summons were family properties. The second relief was for a declaration that the devises of the said properties to the defendant in an alleged Will made by their mother, the late Alice AdobeaWontumi were null, void and of no effect.
The defendant denied in her statement of defence that the properties were family properties. She averred that they were the self-acquired properties of their mother and lawfully devised. She asserted that the Will was genuine and prepared by a Lawyer on the instructions of their mother. She admitted to having taken letters of administration with Will annexed of the said Will. She did not file a counterclaim.
After numerous adjournments over many years and the substitution of the original plaintiffs who had died during the pendency of the Suit, the court finally heard evidence between 17th May 2005 and 13th January 2009.
The court held that the plaintiffs had failed to lead any cogent evidence to establish their claim of title to the properties and had failed to discharge the burden placed upon them after the defendant had proved the due execution of the Will. All the five-tiered claims of the plaintiffs were dismissed whilst the devises made to the defendant by the late Alice Wontumi were held to be legal
It is against this judgment that the plaintiffs have appealed. The Notice of Appeal filed on 20th May 2009 had the following grounds of appeal:
That the trial judge erred in ignoring that the appellants stated that the defendant/respondents son-in-law Akuffo Asare was responsible for the preparation of the will and that the will is false, when such pronouncement has been made by the plaintiffs/appellants.
That the judgment is against the weight of the evidence
That additional grounds will be filed on receipt of the record of proceedings
However, in his written submissions filed on 12th March 2015, the plaintiff’s counsel, relying on Akufo-Addo vs. Catheline [1992] 1 GLR 377 S.C. and Aryeh & Akakpo vs. Ayaa Iddrisu [2010] SCGLR 891 stated his intention to comprehensively argue the entire appeal solely on the omnibus ground, which he says, is the only ground germane to the appeal.
Plaintiff's counsel argued different aspects of the omnibus ground.