FLORENCE OTOO & ONATHAN AYAA TAGOE (SUING AS EXECUTORS OF LAST WILL AND TESTAMENT OF EKOW STARR WILLIAM) V. WILLIAM KWESI AIKINS OTABIL & 2 ORS

JUDGMENT

[1] Introduction

It is apposite to commence this Judgment by quoting Twum JSC (as he then was) in the case of In re Agyekum (Decd); Agyekum vs Tackie & Brown [2005-2006] SCGLR 851 who delivered himself thus:

Where fraud is alleged, it is a different thing, for fraud vitiates every act or deed put forward as supporting a transaction or even a judgment of a court. But where fraud is alleged (and we may include duress and undue influence) they must be pleaded with the requisite particularity. Vague allegations of uncommon, unusual, or even unconscionable dispositions of his own property by a testator, induced by logic rather than facts properly pleaded, should be firmly ignored! The Courts have a duty to sustain the disposition of a deceased person made in a Will which prima facie, satisfies the statuory requirements of due preparation and execution.” Cockburn, C.J. said:

“The English law leaves everything to the unfettered discretion of the testator, on the assumption that, though …