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NORA OTOO AND OTHERS V. REUBEN OTOO AND OTHERS

(2014) JELR 67019 (SC)

Supreme Court  •  CIVIL APPEAL NO.J5/13/2015  •  4 Dec 2014  •  Ghana

Coram
BENIN J.S.C.

Appearances
GODFRED YEBOAH DAME ESQ. (WITH HIM FREEMAN SABBAH) FOR THE ,DEFENDANTS /APPELLANTS/ APPELLANTS/APPLICANTS; DIANA ASONA DAPAAH ESQ. FOR THE PLAINTIFFS/RESPONDENTS/ APPELLANTS /RESPONDENTS.

Judgement

JUDGMENT

BENIN, JSC

This matter is before the Supreme Court in a review application. The Defendants/Appellants/Respondents/Applicants, hereafter called the applicants, have filed their affidavit and statement of case in the said application. By the present application the applicants are asking the court to grant them leave to file a supplementary affidavit and statement of case. The main ground for the application is that the Will of the late Edward Kabu Otoo, hereafter called the Testator, which has been at the heart of the dispute resulting in the application for review was invalid on ground that the Testator was illiterate and the Will did not meet the requirements of the law as regards a โ€˜juratโ€™. This fact became known during interaction between the applicants and their new lawyers and the latter have found it necessary to disclose this to the court since it would have an important influence or effect on the decision of the court.

Paragraphs 9-14 of the affidavit in support deposed tโ€ฆ

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