NII OSAI WELBECK VS PRINCE EDWARD SOWATEY OPARE & ANOR

[1] Introduction and brief Background It is apposite to preface this judgment with the words of my brother Justice Kweku T. Ackaah-Boafo J (as he then was) in the case Grace Adu & 1 other vs Martin Anaglate &2 others, delivered on 5th April 2019, Suit No. BFA 103/2009: “It is often said that Justice is like a river.

Because all rivers are not the same so is justice.

Some rivers run off quickly to their ultimate destinations whilst others take time, a long time to travel, winding to their ultimate destination with many twists and turns.

The justice for the parties in this case has seen many twists including a change of venue from the Brong Ahafo Region to the Greater Accra and change of Counsel.

This case has taken many years to reach its final destination; but today, finally, the end is here.

For the parties it is judgment day. ”For such a such a relatively simple case it has spent too many years in the corridors of justice.

It has passed through the hands of at least three judges and I, the 4th Judge, inherited it as a part-heard and only concluded the trial.

Cockburn, C. J. said: “The English law leaves everything to the unfettered discretion of the testator, on the assumption that, though in some instances, caprice, or passion, or the power of the new ties, or artful contrivance, or sinister influences, may lead to the neglect of claims that ought to be attended to, yet, instincts, affections and common sentiments of mankind may be safely trusted to secure, on the whole, a better disposition of the property of the dead, and one more accurately adjusted to the requirements of each particular case, that could be obtained through a distribution prescribed by the stereotyped and inflexible rules of a general law1. The Plaintiffs issued a Writ of Summons with an accompanying Statement of Claim on 20th March 2015 for the following reliefs: 1. “A declaration that the Will is invalid, null and void.

2. A declaration that the grant of probate was procured by fraud and same invalid and revoked.

3. An account of all the sums of money received by the 1st Defendant in respect of the estate; 4. An inventory of all properties, movable and immovable constituting the estate of the deceased.

5. Delivery up of such properties as are due the Plaintiffs and the said beneficiaries of the estate of the Deceased.

6. An order that the 2nd Defendant be removed and the Plaintiffs be appointed by way of substitution as administrators of the estate of the of the de