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AKUA PREMPEH & 3 ORS. V. S.D.A. ODDAI

(2003) JELR 68304 (SC)

Supreme Court  •  14 May 2003  •  Ghana

Coram
WIREDU C.J. (PRESIDING),AMPIAH J.S.C,ACQUAH J.S.C,ATUGUBA J.S.C

Judgement

JUDGMENT

AMPIAH, JSC.:

This is an appeal from the decision of the Court of Appeal which affirmed the decision of the trial High Court.

The plaintiffs are the children of one Ama Owusuaa whose mother was Akua Frema, a full-blood sister of the late Shadrack Kwaku Edusei. They brought the action as the principal members of the immediate matrilineal family of the late Shadrack Kwaku Edusei whose purported ‘Will’ is the subject-matter of this dispute.

The late Shadrack Kwaku Edusei died on 10th October, 1966 and probate of his purported Will was granted to Madam Akosua Adoma and Akosua Anane jointly on 15th December, 1980. The Writ to recall and revoke the probate and to declare the 'Will' as null and void was issued on 13th August, 1990.

In their Writ of Summons, the plaintiff claimed for, among others, that,

".... the purported 'Will' alleged to have been made by the said Shadrack Kwaku Edusei, dated the 8th day of January, 1965 was not the act or deed of the said late Shadrack Kwaku Edusei an…

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