IN RE YEBOAH (DECD.); DUKU V. DWUMAH AND ANOTHER

OWUSU-ADDO J.

This application is brought under Order 70 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), on behalf of the caveator-applicant, praying for an order to set aside the grant of probate given on 25 September 1973 in respect of the will of the late Kwaku Yeboah to the executors, who will hereafter be referred to as the respondents.

In order to appreciate the arguments canvassed for and against this application, it is quite necessary to give a brief account of the facts promulgating in this application. The testator, Kwaku Yeboah, died on 4 May 1973 at a place called Sekyere in the Ashanti Region leaving a will dated 5 November 1972. After his burial and observation of all the necessary funeral rites, as is only to be expected, the respondents, having been appointed executors under the said will, applied to the High Court, Kumasi, for probate of the will. The application which came before Sarkodee J. on 25 September 1973 sitting as a vacation judge, was g…