Michael Vrs Kwame & Anor [2020] GHASC 134 (4 November 2020)

Michael Vrs Kwame & Anor [2020] GHASC 134 (4 November 2020)

The Will of the late Thomas Asante Senti was validly executed in accordance with the law, the testator had testamentary capacity, there was no credible evidence of fraud, undue influence, or forgery, and procedural errors in the pleadings by the respondent were fatal. The burden of proof was not discharged by the party challenging the Will. The appeal is allowed, the judgments of the lower courts are set aside, and the Will is to be admitted to probate.

Citation
[2020] GHASC 134
Parties
Plaintiff/respondent/respondent: Mr. Senti Michael; Defendant/appellant/appellant: Rev. Father Mon Kwame; Defendant/appellant/appellant: Dr. Asomah
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
4 November 2020
Procedural Posture
Civil Appeal (probate) / Supreme Court Final Appellate Decision
Outcome
Appeal allowed; lower court judgments set aside; Will admitted to probate; plaintiff's claim dismissed.
Legal Topics
Validity of Will, Testamentary Capacity, Undue Influence, Forgery, Burden of Proof, Pleadings, Fiduciary Relationships
Source Language
English
Succession Law Probate Civil Procedure Validity of Will Testamentary Capacity Undue Influence Forgery Burden of Proof +2 more

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Parties

Mr. Senti Michael

Plaintiff/respondent/respondent

Rev. Father Mon Kwame

Defendant/appellant/appellant

Dr. Asomah

Defendant/appellant/appellant

Procedural Posture

Civil Appeal (probate) / Supreme Court Final Appellate Decision

Legal Issues

  1. 1 Whether the Will of the late Thomas Asante Senti was validly executed and should be admitted to probate
  2. 2 Whether the testator had testamentary capacity at the time of execution
  3. 3 Whether the Will was procured by fraud, undue influence, or forgery

Ratio Decidendi

The Will of the late Thomas Asante Senti was validly executed in accordance with the law, the testator had testamentary capacity, there was no credible evidence of fraud, undue influence, or forgery, and procedural errors in the pleadings by the respondent were fatal. The burden of proof was not discharged by the party challenging the Will. The appeal is allowed, the judgments of the lower courts are set aside, and the Will is to be admitted to probate.

Court Disposition

Appeal allowed; lower court judgments set aside; Will admitted to probate; plaintiff's claim dismissed.

Orders

  • The last Will of Thomas Asante Senti dated 27th August 2012 is admitted to probate.
  • Plaintiff's claim as formulated in the writ of summons is dismissed.