IN RE OKINE (DECD); DODOO AND ANOTHER V. OKINE AND OTHERS

ACQUAH CJ

I have had the benefit of reading in draft the judgment to be delivered by my learned brother Kludze JSC. I agree with the reasoning and conclusions and I have nothing useful to add.

BADDOO JSC.

I also agree with the judgment of my brother Kludze JSC.

TWUM JSC

This is an appeal from the judgment of the Court of Appeal dated 10 May 2001. It substantially affirmed the judgment of the High Court given on 2 June 1999.

The facts

On 2 December 1986, one Moses Nii Ayikai Okine (the testator) made or purported to make a will of his self-acquired properties. It was handwritten. In it he appointed Michael Darku Dodoo and Lawrence Danso Dodoo, his executors. The testator died on 30 May 1989 and the executors applied for probate. It was granted by the High Court on 17 July 1989.

On 15 September 1989 Louis Ayitey Okine, Elizabeth Dedei Okine, Alfred Armah Okine, Francis Ayitey Okine, Victor Armah Okine and Mercy Dedei Okine (hereinafter referred to as the caveators) applied to the court for the…