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WILLIAM DAVIES AGYEKUM & 3 ORS V. ROBERT DJAN TACKET AND OTHERS

(2005) JELR 68364 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/27/2004  •  12 Jan 2005  •  Ghana

Coram
ATUGUBA J.S.C. (PRESIDING), DR. TWUM J.S.C., PROF. OCRAN J.S.C., LARTEY J.S.C., ANINAKWAH J.S.C.

Judgement

JUDGMENT

DR. S. TWUM, J.S.C.

This appeal seeks to overturn the unanimous judgment of the Court of Appeal in this matter dated 10th February 2000. By their judgment, their Lordships in the Court of Appeal dismissed an appeal which had been lodged by the Appellants herein against a High Court judgment in the matter dated 17th January 1994, which had dismissed a contentions probate action mounted by the Appellants herein (then Plaintiffs) against the present Respondents (then Defendants.) The Appellants before this court are some of the older children of William Davies Agyekum, deceased. The Respondents were the executors named in the paper writing which they claimed was the last Will of the said William Davies Agyekum.

Mr. W. D. Agyekum was a businessman of considerable wealth. He had some 14 or so children, having married several women in his life; all under customary law.

A few years before his death Mr Agyekum was taken ill and he spared no effort to regain his health. At this time he ap…

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