IN RE SACKITEY (DECD.); SACKITEY AND ANOTHER V. DZAMIOJA

FRANCOIS J.S.C.

Joseph Bismark Osei Sackitey died on 26 May 1979, testate. As scion of the great King Sackitey of Odumase, he demonstrated an inherited incisiveness of character. When he fell out with his family he settled at Koforidua where he made his fortune. At his death two wills were discovered in his trunk. They bore the dates 1957 and 1965. The latter being presumed to cancel the former, was admitted to probate and letters with the will attached were granted to the testator’s children in the High Court, Accra on 15 September 1980.

As a further demonstration of the resoluteness of the late Sackitey’s character, he cut completely from his estate, leaving her not a pesewa, his wife whom he suspected of infidelity. His magnanimous side was reflected in the distribution of his estate to every deserving member of his family. It is with this backdrop that the appearance of a third will must be considered. It is the focal point of the present dispute. This will is impugned on several gr…