LOUIS ANOKWAFO, MILICENT ANOKWAFO& CHRISTIAN ANOKWAFO V. PAULINA VONDEE ANOKWAFO

JUDGMENT

[1] Introduction 

Justice Kweku T Ackaah-Boafo J (as he then was) faced with a similar case, a claim against  a dead person, stated succinctly in the case of Grace Adu & 1 other vs Martin Anaglate  & 2 Others, Suit No: BFA 103/2009, 5th April 2019 as follows: 

“In proceeding to evaluate the nature of the evidence adduced at the trial I need to caution myself  that this suit concerns Dr. Emmanuel Anaglate who is now deceased and is unavailable as a  witness in terms of S. 116(e) (iii) of the Evidence Act, 1975 (NRCD 323) and therefore cannot  appear to tell his side of the story as to whether he indeed married both Plaintiffs. The settled rule  of law is that the evidence involving a deceased person is always received and treated with extreme  circumspection and suspicion. The policy rationale is that the deceased, unlike the Biblical  Lazarus, cannot come out of his grave to tell his side of the story, to assert any claim or disprove  one. Proof must therefore be strict and utte…