KWASI OFORI AGYEMAN v. LUCY OMENAA OTENG

By a Writ of Summons and its accompanying Statement of Claim filed on 12th January 2017, the Plaintiff sued the Defendant for the sole relief endorsed on the Writ, to wit;

1.The Plaintiff claims as the surviving executor named in the last will dated 31st July 2002 of Nana Yamaoh Gyebi III a.k.a Paul Oteng late of Accra, deceased, who died on 2nd December 2014, that the Court shall pronounce the said Will valid and admit it to probate.

BRIEF FACTS

The Plaintiff is the surviving Executor named in the last Will and Testament of Nana Yamaoh Gyebi III a.k.a Paul Oteng, late, of Accra, (deceased), who died on 2nd December 2014. The deceased at the time of his death had his last place of abode at House Number ANT 180, New Achimota, Accra, which is within the jurisdiction of this Court.

The Will in question was dated 31st July, 2002. Apart from the Plaintiff, the other named executor, Yaw Toa predeceased the Testator.

The Plaintiff averred that the said Will was duly executed in accordance with the provisions of the Wills Act, 1971, Act 360, having been signed by the Testator in the presence of two attesting Witnesses.

The Plaintiff further averred that the Defendant, a daughter of the deceased Testator had caveated against the grant of probate of the Will, therefore the Plaintiff prayed the Court to pronounce the said Will valid and admit it to probate.

Upon being served with the Writ, the Defendant, entered an appearance through her Lawyer and initially filed a 9- paragraph Statement of Defence on 27th November 2017. The Defendant subsequently amended the Statement of Defence on 12th April 2018, pursuant to leave granted to the Defendant by the Court on 22nd March 2018.

In her amended Statement of Defence, the Defendant denied every material averment of facts contained in the Statement of Claim, and partly admitted some.

Amongst others, the Defendant claimed that, her late father died in December 2014, and the purported Will was dated 31st July 2002.

According to the Defendant, the purported Will of her deceased father was not signed by the late Nana Yamoah Gyebi, II who was known in private life as Paul Oteng.

The Defendant asserts that the purported signature on the Will was not that of her deceased father, and that she possesses proof supporting her claim, specifically a valid forensic laboratory report.

The Defendant averred that, due to her claim,she caused her Lawyer to issue a caveat in October 2015, when attempts were initiated