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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

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.

JUDGMENT