Kofigah and Another Vrs Atanley and Another [2020] GHASC 10 (22 January 2020)

Kofigah and Another Vrs Atanley and Another [2020] GHASC 10 (22 January 2020)

The Supreme Court found that the Will deposited in the Registry (Exhibit 'B') was validly executed and attested, the signature was that of the testator, and the plaintiffs failed to prove forgery beyond reasonable doubt. The proper legal and procedural requirements for a valid Will were met, and the Court of Appeal erred in setting aside the High Court's judgment.

Citation
[2020] GHASC 10
Parties
Plaintiff/appellant/respondent: Thomas Tata Atanley Kofigah; Plaintiff/appellant/respondent: Bilola Rose Atanley Kofigah; Defendant/respondent/appellant: Kofigah Francis Atanley; Defendant/respondent/appellant: Rev. Father Atsu
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
22 January 2020
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal allowed
Legal Topics
Validity of Will, Forgery, Probate Procedure, Burden of Proof
Source Language
English
Succession Probate Wills Validity of Will Forgery Probate Procedure Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Thomas Tata Atanley Kofigah

Plaintiff/appellant/respondent

Bilola Rose Atanley Kofigah

Plaintiff/appellant/respondent

Kofigah Francis Atanley

Defendant/respondent/appellant

Rev. Father Atsu

Defendant/respondent/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the Will deposited in the Registry of the High Court on 7th October, 2009 is the valid Will and Testament of the late Thomas Atanley Kofigah
  2. 2 Whether the signature on the Will was forged
  3. 3 Whether the proper procedure was followed in challenging the validity of the Will

Ratio Decidendi

The Supreme Court found that the Will deposited in the Registry (Exhibit 'B') was validly executed and attested, the signature was that of the testator, and the plaintiffs failed to prove forgery beyond reasonable doubt. The proper legal and procedural requirements for a valid Will were met, and the Court of Appeal erred in setting aside the High Court's judgment.

Court Disposition

appeal allowed

Orders

  • Judgment of the Court of Appeal dated 22nd February, 2018 set aside.
  • Exhibit 'B', the Will of the late Thomas Atanley Kofigah dated 14th November, 2007 and deposited in the Registry of the High Court, Accra on 7th October, 2009 shall be admitted to probate.