RUTH AYITEY & 3 OTHERS V. THE ADMINISTRATOR GENERAL

OFOE, J.A.

The deceased Mr. Ebenezer Ayittey had ten children. At the twilight of his life he found himself at different times at the Ridge Hospital and at herbal treatment centres in the Central Region, battling an ailment which was not medically confirmed at the trial, until he left this side of the world. It was in the Ridge Hospital on admission that he is alleged to have executed a will prepared for him by lawyer Afutu Kotey. As is not unusual on our side of the globe, other children who were not catered for in the said will have raised queries whether their father, in the state in which they found him on the date he is alleged to have executed the will, did indeed execute any such will.

The substance of their complaint at the trial court was that their deceased father, Jonathan Ebenezer Ayitey, was not mentally and physically competent to have sign[sic] any will. The said document, exhibit C1, purporting to be the will of their father was therefore not his will it having been proc…