AKENTEN II AND OTHERS V. OSEI

APALOO C.J.

The late Francis Kwasi Gyembibi was a talented and successful man of business. His home was in Offinso, Ashanti, but he had wide business interests in Kumasi and Accra. He died possessed of considerable property in these two cities. The evidence suggests that he was an active man who was normally in good health. He died suddenly on 16 August 1983, virtually within hours of being taken ill while at work. Whether he had a premonition of how suddenly he would depart this life, or not, it is difficult to say. But one thing seems clear. He was anxious that if his end came, he should leave his testamentary wishes in a form laid down by law. He had good reason—he managed to acquire a not inconsiderable bit of worldly possessions.

Both parties to this suit, while in serious disagreement on other issues, are at least agreed that Mr. Gyembibi (whom I should hereafter refer to as the deceased) died testate. The plaintiffs say that on his death, his testamentary wishes were expressed i…