Broni and Another Vrs Kwakye [2017] GHASC 47 (22 February 2017)

Broni and Another Vrs Kwakye [2017] GHASC 47 (22 February 2017)

The Supreme Court held that the Court of Appeal had jurisdiction to hear the appeal as the withdrawal and refiling of the notice of appeal occurred before the appeal was properly before the appellate court. The will was validly executed in compliance with the Wills Act, with sufficient evidence of due execution and mental capacity. The trial judge's findings were perverse and unsupported by evidence, and the Court of Appeal was right to overturn them. The appeal was dismissed and the Court of Appeal judgment affirmed.

Citation
[2017] GHASC 47
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 Judgment
Outcome
appeal dismissed
Legal Topics
Validity of Will, Mental Capacity of Testator, Due Execution of Will, Appeals Procedure, Burden of Proof
Source Language
English
Succession Law Probate and Administration Validity of Will Mental Capacity of Testator Due Execution of Will Appeals Procedure Burden of Proof

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 / Supreme Court Judgment

Legal Issues

  1. 1 Whether the Court of Appeal erred in holding that leave was not required to withdraw and refile the 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 on 2nd November 2010 in the presence of two attesting witnesses

Ratio Decidendi

The Supreme Court held that the Court of Appeal had jurisdiction to hear the appeal as the withdrawal and refiling of the notice of appeal occurred before the appeal was properly before the appellate court. The will was validly executed in compliance with the Wills Act, with sufficient evidence of due execution and mental capacity. The trial judge's findings were perverse and unsupported by evidence, and the Court of Appeal was right to overturn them. The appeal was dismissed and the Court of Appeal judgment affirmed.

Court Disposition

appeal dismissed

Orders

  • Court of Appeal judgment of 28th July 2015 affirmed