Kofigah & Anor Vrs Atanley & Anor [2020] GHASC 98 (22 January 2020)

Kofigah & Anor Vrs Atanley & Anor [2020] GHASC 98 (22 January 2020)

The evidence of the attesting witnesses and the examination of the signature on the Will deposited in the High Court Registry (Exhibit 'B') established due execution and attestation in accordance with the law. The plaintiffs failed to prove forgery beyond reasonable doubt. Procedural irregularities regarding the introduction of a duplicate Will did not affect the validity of the Will deposited in court. The Will is valid and must be admitted to probate.

Citation
[2020] GHASC 98
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; judgment of the Court of Appeal set aside; High Court judgment restored.
Legal Topics
Validity of Will, Forgery, Attestation, Burden of Proof, Probate Procedure
Source Language
English
Succession Law Probate Wills Validity of Will Forgery Attestation Burden of Proof Probate Procedure

Case Brief

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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 is that of the testator or a forgery.
  3. 3 Whether procedural irregularities affected the validity of the Will.

Ratio Decidendi

The evidence of the attesting witnesses and the examination of the signature on the Will deposited in the High Court Registry (Exhibit 'B') established due execution and attestation in accordance with the law. The plaintiffs failed to prove forgery beyond reasonable doubt. Procedural irregularities regarding the introduction of a duplicate Will did not affect the validity of the Will deposited in court. The Will is valid and must be admitted to probate.

Court Disposition

Appeal allowed; judgment of the Court of Appeal set aside; High Court judgment restored.

Orders

  • 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.