Broni and Another Vrs Kwakye and Others [2017] GHASC 9 (22 February 2017)

Broni and Another Vrs Kwakye and Others [2017] GHASC 9 (22 February 2017)

The Supreme Court held that the withdrawal and refiling of the notice of appeal did not require leave as the appellate court was not yet seised of the matter. The will was validly executed in compliance with the Wills Act, with two attesting witnesses present, and the deceased was of sound mind at the time. The trial judge's findings were perverse and against the weight of evidence; the Court of Appeal was correct to overturn them and grant probate.

Citation
[2017] GHASC 9
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 / Final Appellate Judgment (supreme Court)
Outcome
appeal dismissed
Legal Topics
Validity of Will, Mental Capacity of Testator, Probate Procedure, Burden of Proof in Will Contests
Source Language
English
Succession Law Probate and Administration Validity of Will Mental Capacity of Testator Probate Procedure Burden of Proof in Will Contests

Case Brief

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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 / Final Appellate Judgment (supreme Court)

Legal Issues

  1. 1 Whether leave was required to withdraw and refile notice of appeal
  2. 2 Whether the judgment was against the weight of evidence
  3. 3 Whether the deceased validly executed his last will and testament in the presence of two attesting witnesses

Ratio Decidendi

The Supreme Court held that the withdrawal and refiling of the notice of appeal did not require leave as the appellate court was not yet seised of the matter. The will was validly executed in compliance with the Wills Act, with two attesting witnesses present, and the deceased was of sound mind at the time. The trial judge's findings were perverse and against the weight of evidence; the Court of Appeal was correct to overturn them and grant probate.

Court Disposition

appeal dismissed

Orders

  • Court of Appeal judgment of 28th July 2015 affirmed
  • Probate to issue to the plaintiffs/executors to distribute the estate in accordance with the will