Broni Vrs Kwame and Others [2017] GHASC 8 (22 February 2017)

Broni Vrs Kwame and Others [2017] GHASC 8 (22 February 2017)

The Supreme Court held that the Court of Appeal was not seised of the appeal at the time of withdrawal and refiling of the notice of appeal, so no leave was required. The will was validly executed in compliance with the Wills Act, the deceased had mental capacity at the time, and the judgment of the Court of Appeal was not against the weight of evidence. The appeal was dismissed and the Court of Appeal judgment affirmed.

Citation
[2017] GHASC 8
Parties
Plaintiff/appellant/respondent: Nana Kwasi Broni; Plaintiff/appellant/respondent: Yaw Ahima Boampong; Defendant/respondent/appellant: Kwame Kwakye; Defendant/respondent/appellant: Kwadwo Dekyi; Defendant/respondent/appellant: Kwasi Frempa Dekyi
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
22 February 2017
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Validity of Will, Mental Capacity, Execution of Will, Appellate Jurisdiction, Withdrawal of Appeal, Expert Evidence
Source Language
English
Succession Law Probate Civil Procedure Validity of Will Mental Capacity Execution of Will Appellate Jurisdiction Withdrawal of Appeal +1 more

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Parties

Nana Kwasi Broni

Plaintiff/appellant/respondent

Yaw Ahima Boampong

Plaintiff/appellant/respondent

Kwame Kwakye

Defendant/respondent/appellant

Kwadwo Dekyi

Defendant/respondent/appellant

Kwasi Frempa Dekyi

Defendant/respondent/appellant

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether leave was required to withdraw and refile notice of appeal under Court of Appeal Rules, 1997 CI 19 Rule 17
  2. 2 Whether the judgment of the Court of Appeal was against the weight of evidence
  3. 3 Whether the deceased validly executed his last will and testament on 2nd November 2010 in the presence of two attesting witnesses

Ratio Decidendi

The Supreme Court held that the Court of Appeal was not seised of the appeal at the time of withdrawal and refiling of the notice of appeal, so no leave was required. The will was validly executed in compliance with the Wills Act, the deceased had mental capacity at the time, and the judgment of the Court of Appeal was not against the weight of evidence. The appeal was dismissed and the Court of Appeal judgment affirmed.

Court Disposition

Appeal dismissed

Orders

  • Judgment of the Court of Appeal dated 28/07/2015 affirmed
  • Costs as per lower court