GRACE TENASO AND GEORGE ADJEI V. NANA ASARE BEDIAKO AND 2 ORS

JUDGMENT

MENSAH-HOMIAH, JA

INTRODUCTION

This is an appeal from the decision of the High Court, Kumasi, delivered on 15 November 2021.The trial court refused to declare the Will of the testator invalid because it met all the requirements of a valid Will. The court however entered Judgment in favour of the plaintiff/respondent in respect of his declaratory reliefs that, Houses numbered 77; Krobo District, O.I. 210, Ash town; and No.2 Block XIII, Amakom, all in Kumasi, are family property.

Henceforth, the designations of the parties at the court below will be maintained.

BACKGROUND FACTS

It is apposite to state the facts relevant to this appeal. The dispute revolves around the validity of the last Will of the late Obaapanin Grace Tenaso, a.k.a. Afia Tenaso a.k.a. Afua Nkuaa of Techimantia in the Brong Ahafo Region (now Ahafo Region) and her testamentary capacity as regards the devises made therein. Following the death of Grace Tenaso, a Will dated 30 April 2010 emerged. In the said Will, the t…