judy.legal
Login Register

DR. KWAME APPIAH POKU AND OTHERS V. KOJO NSAFOA POKU AND OTHERS

(2010) JELR 68057 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/6/2010  •  26 May 2010  •  Ghana

Coram
ATUGUBA JSC (PRESIDING), AKUFFO (MS) JSC, BROBBEY JSC, ANSAH JSC, GBADEGBE JSC

Judgement

JUDGEMENT

ATUGUBA, JSC

On 29/4/2010 we unanimously dismissed the appeal in this case but reserved reasons.

We now proceed to give them.

Facts of the case

The late Francis Kojo Poku a well known industrialist by his last will and testament dated 11th October 2001 appointed the Appellants as executors of his will. The executors then applied and were granted probate on 11th February 2003 by the High Court, Kumasi. The Respondents herein then Plaintiffs in Suit No. CS 107/03 issued a writ in the High Court Kumasi against the Appellants then Defendants claiming, inter alia, a declaration that the grant of probate of the will of the late Francis Kojo Poku to the executors was null and void and ought to be revoked.

The High Court subsequently on 19th October 2004 gave judgment for the Plaintiffs in the said suit No. CS107/03 declaring that the will of the late Francis Kojo Poku was null and void in that the testator was blind and therefore could not have executed the will allegedly ascribed to him…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login