Rev. Paul Akrofie v. Mrs. Kate Serwaa Jonah and Anor
2018
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Areas of Law
- Probate and Succession
- Evidence Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff, Rev. Paul Akrofie, contested the validity of a Will claimed to have been made by the late Major Alice Ama Oye Akrofie on the grounds of fraud and lack of testamentary capacity due to dementia. The Defendants, Mrs. Kate Serwah Jonah and Mrs. Emma Dogor, denied these claims and asserted that the Will was legitimately created under the directions of the deceased when she was of sound mind. The court analyzed witness testimonies and evidence, including a medical assessment of Major Akrofie's mental state. It was found that the Plaintiff was not a customary child of the deceased and that the deceased did not have dementia at the time the Will was made. However, the court ruled that the Will was invalid as it was not executed in accordance with the requirements outlined in the Wills Act, 1971. The reliefs sought by the Plaintiff were granted, and the judgment was entered in his favor.
i. Introduction: [1] The good old book, the Holy Bible in Psalm 133 describes brethren living in harmony as wonderful and pleasant, for harmony is as precious as the fragrant anointing oil that was poured over Aaron’s head that ran down his beard and onto the border of his robe/garment. (Reference: Life Application Study Bible). The estate of an aunt who had no natural child of her own is the centerpiece of this litigation.
Based on the life worth of the deceased as presented to the Court and taking into consideration her life worth and accomplishments, in the opinion of the Court her life ought to have been celebrated rather than her passing being litigated by first cousins who are the main parties in this suit. [2] This suit is brought by the Plaintiff, Rev.
Paul Akrofie, a Reverend Minister of the Gospel as a result of an alleged fraudulent making of a Last Will and Testament of the late Major Alice Ama Oye Akrofie (deceased) by the Defendants Mrs. Kate Serwah Jonah, a Contract Cleaner by occupation and a niece of the deceased and Mrs. Emma Dogor, a Missionary and also a sister of the deceased.
The Action[3] On October 19, 2015, the Plaintiff herein caused his lawyer to issue a writ of summons claiming against the Defendants herein the following judicial reliefs: -(a) The purported Will of the Late Major Alice Oye Akrofie dated the 30th day of May 2008 be declared as invalid and of no legal effect.
b) AN order to cancel the said Will.
c) The Defendants be mulcted in damages.
d) Costs[4] The Plaintiff pleaded in his statement of Claim that after the demise of the deceased he discovered that a Will was fraudulently made at the instance of the 1st Defendant.
He pleaded and provided particulars of the fraud from paragraph 8 as follows: 8. The Plaintiff discovered that the 1st Defendant had caused a Will to be made but NOT at the direction or with the authority of Major Alice Oye Akrofie.
9. After the reading of the purported Will on 10th September 2015, the Plaintiff also discovered that the signature on purported Will is different from the usual signature of the Late Major Alice Oye Akrofie.
10. The Plaintiff will contend at the trial that the Will dated the 30th May 2008 is NOT the act of the Late Major Alice Oye Akrofie who at the time was suffering from severe dementia and had no capability to formulate and draw up and sign the said Will at the time the 1st Defendant was signing cheques to draw monies to supportthe said Major Alice Oy