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EMMANUEL KUDJOJI & 4 ORS. V. MR. BATSA & 2 ORS

(2012) JELR 68756 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/176/2  •  12 Jul 2012  •  Ghana

Coram
A. ASARE KORANG J. A. (PRESIDING),S. E. KANYOKE J. A., SIR DENNIS D. ADJEI J.A.

Judgement

JUDGMENT

A. ASARE-KORANG, J.A.

The plaintiffs/appellants are the children of the late Ishmael Tei Kudjodji who died testate on 1st March, 2007 and the defendants/respondents, are the executors of the Will of the deceased testator.

In this judgment, the plaintiffs/appellants shall be referred to simply as the appellants and the defendants/respondents as the respondents.

In the High Court, the appellants sued the respondents as executors for, inter alia, a declaration that the document purporting to be the Will of the late testator aforementioned was a forgery and of no legal effect and an order granting Letters of Administration of the estate of the testator to the appellants.

The particulars of forgery alleged by the appellants were that the contents of the Will made on 1st January 2006 were not authorised by the deceased testator; the signature in the alleged Will was not that of the deceased testator; the attesting witnesses in the Will did not witness the deceased testator executing theā€¦

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