MRS. FRANSISCA ABA ADDISON & ANOTHER v. PRISCILLA ADDISON

HENRY KWOFIE: J. A

This appeal is against the ruling of the High Court Accra dated 11th day of March 2015. The trial Judge ordered the Caveatrix/Appellant to file a writ within 21 days to challenge the validity of the will of the deceased testator Dr. Justice Atta Addison The facts leading to this appeal are that the late Dr. Justice Atta Addison executed a Will on 18th March, 2013 by which he devised his considerable estate to several named beneficiaries.

He died about two (2) Months later on 15th May 2013 and on 11th September, 2013, the said last will and testament was read at the High Court Accra.

The Respondent filed a Motion Ex-parte for the grant of probate on 27th September 2013 but this could not be granted because of a caveat filed by Emmanuel Nanabo Addison, a son of the deceased testator.

After a warning had been served on him, the caveator filed an affidavit of interest on 23rd October 2013 The 1st Executrix/Respondent is the widow of the testator while the 2nd Executrix/Respondent Mrs. Josephine Annie is a cousin of the testator.

The Executrix/Respondents shall herein-after be referred to as the Respondents.

The Respondent then filed a Motion on Notice for the grant of Probate on 12th November, 2013 after which the caveator Emmanuel Nanabo Addison filed a further affidavit of interest as well as an affidavit in opposition to the motion for the grant of probate.

The caveatrix Priscilla Addison, a daughter of the deceased also filed a caveat in November 2013 and after being served with a warning, she filed an affidavit of interest in December, 2013. When the Motion for the grant of Probate came before the trial Judge Counsel for the Executrix/Respondents argued that the affidavit of interest filed by the caveator and caveatrix showed they were challenging the validity of the will of the testator and that they had come to Court by the wrong process.

After listening to Counsel for both the Caveators and the Executrix/Respondents, the trial Judge on 11th March 2014 ordered the Caveatrix/Appellant in the following terms: “ Her affidavit of interest also shows that she is challenging the validity of the will of the testator.

For the reasons already given, the Caveatrix/Respondent is to file a writ as stipulated by Order 66 rule 28 to challenge the validity of the will.

The writ is to be filed within twenty one (21) days”. It is the Caveatrix/Appellant’s dissatisfaction with the conclusion and order of the High Court Judge which has trigger