IN RE OPOKU (DECD.); GOH V. DONYINAH AND OTHERS

ARCHER J.A.: On the 23 June 1967, the High Court sitting at Accra granted probate in respect of the will of the late Samuel Opoku to the three appellants who were named in the will. Subsequently the respondent who claimed to be the customary successor instituted proceedings to revoke the probate on the grounds:

(1) That the will was not executed in accordance with the Wills Act, 1837 (7 Will. 4 and 1 Vict., c. 26); and

(2) That the will was obtained by fraud as the deceased did not know or approve of the contents or alternatively the will was obtained by undue influence exerted by the appellants at a time when the deceased was seriously ill in hospital.

The respondent therefore prayed the court below to declare the will invalid and to grant her letters of administration. Lengthy evidence was adduced by the respondent and some members of her family in an attempt to substantiate the grounds of her claim. The three appellants and the two witnesses to the will also gave evidence and explain…