OFFEH VRS. PREMPEH AND OTHERS (C7/34/2017) [2024] GHAHC 168 (26 January 2024)

OFFEH VRS. PREMPEH AND OTHERS (C7/34/2017) [2024] GHAHC 168 (26 January 2024)

The Will of Edward Kwaku Offeh was validly executed, the deceased had testamentary capacity, the Will met statutory requirements, and the inclusion of a predeceased beneficiary or revocation of customary gifts did not affect validity. House number 51, Asesewa, Odumasi, Asante-Akim/Ashanti was not the deceased's property and could not be devised by him.

Citation
OFFEH VRS. PREMPEH AND OTHERS (C7/34/2017) [2024] GHAHC 168 (26 January 2024)
Parties
Plaintiff: Grace Offeh; Defendant: Kwasi Prempeh; Defendant: Dina Kwaanimaah; Defendant: Michael Amponsah Offeh; Defendant: Joseph Donkor Offeh; Defendant: Kwasi Appiah; Defendant: Victoria Asare Bediako alias Birago
Court
ghahc
Jurisdiction
Ghana
Judgment Date
26 January 2024
Procedural Posture
Civil / Final Judgment
Outcome
Plaintiff's claims for invalidity, intestacy, and distribution under Intestate Succession Law dismissed; declaration granted that house number 51, Asesewa, Odumasi, Asante-Akim/Ashanti was not the deceased's property and he had no testamentary capacity over it; no order as to costs.
Legal Topics
Will Validity, Testamentary Capacity, Customary Gifts, Intestate Succession, Burden of Proof
Source Language
eng
Succession Property Family Law Will Validity Testamentary Capacity Customary Gifts Intestate Succession Burden of Proof

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Parties

Grace Offeh

Plaintiff

Kwasi Prempeh

Defendant

Dina Kwaanimaah

Defendant

Michael Amponsah Offeh

Defendant

Joseph Donkor Offeh

Defendant

Kwasi Appiah

Defendant

Victoria Asare Bediako alias Birago

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the purported Will of Edward Kwaku Offeh was the voluntary act and deed of the testator
  2. 2 Whether Edward Kwaku Offeh had testamentary capacity
  3. 3 Whether the Will bears the genuine signature of the testator

Ratio Decidendi

The Will of Edward Kwaku Offeh was validly executed, the deceased had testamentary capacity, the Will met statutory requirements, and the inclusion of a predeceased beneficiary or revocation of customary gifts did not affect validity. House number 51, Asesewa, Odumasi, Asante-Akim/Ashanti was not the deceased's property and could not be devised by him.

Court Disposition

Plaintiff's claims for invalidity, intestacy, and distribution under Intestate Succession Law dismissed; declaration granted that house number 51, Asesewa, Odumasi, Asante-Akim/Ashanti was not the deceased's property and he had no testamentary capacity over it; no order as to costs.

Orders

  • Probate granted for Will dated 11th January 2011
  • Declaration that house number 51, Asesewa, Odumasi, Asante-Akim/Ashanti was not the deceased's property and could not be devised