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KYERE AND ANOTHER V. FORSTER AND ANOTHER

(1992) JELR 69378 (CA)

Court of Appeal  •  19 Nov 1992  •  Ghana

Coram
AMPIAH JA, ADJABENG JA, SAPONG J

Appearances
C B ZWENNES (WITH HIM PETER ZWENNES) FOR THE APPELLANT; D ANYADI FOR THE RESPONDENTS.

Judgement
<p><strong>ADJABENG JA.</strong></p><p> On 5 November 1992, we dismissed the 2nd defendant-appellant’s appeal and reserved our reasons. We now give the reasons for so deciding.</p><p>On 13 November 1980, Kwesi Awere-Kyere, now deceased, wrote down and signed what he thought was his last will. A few days later, that is, on 18 November 1980, he died. Probate of the alleged will was granted to one of the executors named therein, A A Forster, on 13 April 1981. The father of the deceased, Opanin Kwesi Kyere, and the deceased’s widow, Rose Awere-Kyere, who was married under the Marriage Ordinance, however, thought that the document in respect of which probate had been granted was in law not a will. They, therefore, took action at the High Court, Accra, to challenge the validity of the alleged will. They took the action not only against the grantee of the probate, A A Forster, but also against Juliana Nkansah, who claimed to be a wife of the deceased and who was living with the deceased in the matrimonial home at the time of…</p>

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