Manu and Another v Sowah and Others (GJ/0196/2021) [2025] GHAHC 125 (29 July 2025)

Manu and Another v Sowah and Others (GJ/0196/2021) [2025] GHAHC 125 (29 July 2025)

The Plaintiffs proved the Will was executed in accordance with the Wills Act and the Defendants failed to prove fraud beyond reasonable doubt; the 2nd Defendant admitted collecting rent and thus intermeddled in the estate, making him liable to account to the executors.

Citation
[2025] GHAHC 125
Parties
Plaintiff: Asare Manu; Plaintiff: Stephen Sarfo; Defendant: David Sowah; Defendant: Anang Ga; Defendant: Mensah Ga
Court
High Court
Jurisdiction
Ghana
Judgment Date
29 July 2025
Case Number
GJ/0196/2021
Procedural Posture
Probate/contentious Will / Judgment
Outcome
Judgment for Plaintiffs
Legal Topics
Validity of Will, Intermeddling in Estate, Burden of Proof, Fraud Allegation, Executor's Duties
Source Language
English
Succession Probate Civil Procedure Validity of Will Intermeddling in Estate Burden of Proof Fraud Allegation Executor's Duties

Case Brief

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Parties

Asare Manu

Plaintiff

Stephen Sarfo

Plaintiff

David Sowah

Defendant

Anang Ga

Defendant

Mensah Ga

Defendant

Procedural Posture

Probate/contentious Will / Judgment

Legal Issues

  1. 1 Whether the Will of Esther Chochoo Yarboye was validly executed or a product of fraud
  2. 2 Whether the Defendants intermeddled with the estate of the deceased
  3. 3 Whether the Defendants are accountable for dealings with the estate

Ratio Decidendi

The Plaintiffs proved the Will was executed in accordance with the Wills Act and the Defendants failed to prove fraud beyond reasonable doubt; the 2nd Defendant admitted collecting rent and thus intermeddled in the estate, making him liable to account to the executors.

Court Disposition

Judgment for Plaintiffs

Orders

  • Declaration that the Will was validly executed
  • Defendants found liable for intermeddling in the estate