NYANTAKYI KOFI KYE & ORS v. MARGRET GYIMAH & 11 ORS
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Areas of Law
- Evidence Law
- Probate and Succession
- Property and Real Estate Law
- Contract Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiffs contested the validity of Alfred Kye's Last Will and Testament dated October 4, 2006, alleging the Testator lacked capacity to make certain property devises. The Defendants, including the Testator's customary wife and children, argued the Will was valid. The Court found that the Plaintiffs failed to prove their claims regarding Alfred Kyes lack of testamentary capacity and the gift inter vivos of the contested properties. The Court held the 2006 Will valid, dismissed the Plaintiffs' claims, and granted the 5th Defendant's counterclaim to admit the Will to probate. It was concluded that Alfred Kye had the capacity for the devises he made in the Will.
JUDGMENT
i. Introduction:
[1] The history of this case makes it appropriate to prefix this judgment with the quote by the respected former Chief Justice of this Republic, Wood CJ (as she then was) in the case of AGYEMANG (Substituted by BANAHENE & OTHERS v. ANANE [2013-2014] 1 SCGLR 241 when she stated:
“The oft quoted legal maxim “Justice delayed is justice denied”, coined by the British politician, William Gladstone (1809-1898), is no mere cliché. The right to fair trial in a timely manner is neither a courtesy nor a favour, but a fundamental right. Protracted delays in the administration of justice, impact negatively not only on those who access the courts, such as the victims of crime, accused persons who are acquitted at the end of their trial, parties in civil proceedings and their privies, lawyers who practice before the courts but indeed the entire justice system. The judicial history of this relatively simple family related land matter, which was commenced in the High Court Kumasi, as far back as the 4th of April 1974, provides an insight into the harmful effects of systemic delays in the administration of justice. Regrettably, it has taken forty long years, a whole generation, for this case to finally find its way into this court; the court of last appeal. We hope court business shall always be managed in ways that will not occasion a repeat of this parody of justice”
[2] Sadly, due to many reasons including the joinder of the 6th to 12th Defendants to the Suit almost a decade after the filing of the suit at the Registry of the Court, her Ladyships’s lamentations were ignored by the parties and so this simple case involving the challenge of a Lawyer’s Last Will & Testament has taken over a decade since it was first filed on February 19, 2007. This case has taken many years with twists and turns to reach its final destination.
[3] The Plaintiffs seek a declaration and pray for the invalidity of the Last Will and Testament of Alfred Kye (the “Testator”) dated October 4, 2006 (the “2006 Will”) on the grounds of lack of testamentary capacity to devise House No. 3 Agyemang Street, Zoti Residential Area in Accra and another house at Abetifi Kwahu. They are also seeking a declaration that the 2006 Will is null and void and of no legal effect. Specifically, the Plaintiffs claim is for the following judicial reliefs:
i. A declaration that the late Alfred Kye did not have the capacity to devise H/No. 3 Agyemang Street, Zoti Residential Area m