THOMAS TATA ATANLEY KOFIGAH AND ANOTHER V. SOPHIA OBUOBI AND 3 OTHERS

F.G. KORBIEH, J.A.

In order to truly understand this appeal, one needs to recall the brief facts of the case leading to the appeal. One Thomas Komlah Atanley Kofigah alias Komlah Atanley Kofigah (hereinafter referred to as the deceased), a Togolese national, who was resident in Ghana, was a very successful business man who died leaving behind two wives and about twenty-one children. He died on the 5/9/2009 at the Korle Bu Teaching Hospital. On the 2/2/2010 an official of the High Court, Accra read what purported to be the last will and testament of the deceased dated 14/11/2007 which had allegedly been deposited at the registry of the court on the 7/10/2009. In the said will the deceased had nominated the defendants/respondents herein as executors of the will and who had accordingly applied for the will to be admitted to probate. The plaintiffs/appellants, who are children of the deceased and also beneficiaries under the will, had caveated, saying that the document attached to the appl…