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(1960) JELR 65015 (HC)

High Court  •  23 Sep 1960  •  Ghana



ADUMUA-BOSSMAN J.: The application as expressed in the motion paper and supporting affidavit is for grant of probate in respect of the paper-writing bearing the date 9th day of July 1913 and the signature by mark of Opanin Yena of Odoben, now deceased, and also the signature by marks of six witnesses all of whom are also now deceased, which purports to be a testamentary instrument of the said Opanin Yena.

The affidavit in support of the application disclosed that Opanin Yena died a long time ago, but did not disclose the reason for the long delay in making this application as appears to be necessary according to Rule 45 of the Rules, Orders and Instructions for the Registrars of the Principal Registry of the Court of Probate in respect of Non-Contentious Business which provides that:—

“In every case where probate or administration is for the first time applied for after the lapse of 3 years from the death of the deceased the reason for the delay is to be certified to the registrars.”

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