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RE ALHASSAN'S APPLICATION

(1968) JELR 84915 (HC)

High Court  •  22 Oct 1968  •  Ghana

Coram
EDUSEI J.

Appearances
Applicant in person.

Judgement
<p style="text-align: justify;"><strong>EDUSEI J.</strong> </p><p style="text-align: justify;">By his will, exhibit A, dated 19 September 1966, the testator left all his property to his grandson, Abdulai Mahama. Exhibit A is the kind of will usually referred to as a &quot;<em>home-made</em>&quot; will though this one was prepared on the instructions of the testator by a letter-writer whose ignorance about such an important document is apparent on the face of the said document. After making a gift of all his property to his grandson, the testator thumbprinted it and immediately after his thumbprint on the left-hand side of the will appears the word &quot;<em>witnesses</em>&quot; and underneath this, there appear two names: (1) Alhassan Alibaka, and (2) Zaratu Issah, who made their marks.</p><p style="text-align: justify;">Although there is no attestation clause there is no doubt that these two persons are the witnesses to the will, and Order 60, r. 26 (1) of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), states:</p><blockquote><p style="text-align: justify;">&quot;If there is no attestation clause, or if the attestation clause is insufficient, the Court shall require an af…</p></blockquote>

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