Kofigah and Another Vrs Atanley and Another [2020] GHASC 28 (22 January 2020)

Kofigah and Another Vrs Atanley and Another [2020] GHASC 28 (22 January 2020)

The evidence of the attesting witnesses and the comparison of the signature on the deposited Will (Exhibit 'B') with undisputed signatures established due execution and attestation. The plaintiffs failed to prove forgery beyond reasonable doubt. Procedural errors regarding the annexing of a copy to the probate application did not affect the validity of the deposited Will. The Will deposited in the Registry is valid and should be admitted to probate.

Citation
[2020] GHASC 28
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 on Appeal From Court of Appeal
Outcome
Appeal allowed; judgment of the Court of Appeal set aside; High Court judgment restored; Will admitted to probate.
Legal Topics
Validity of Will, Forgery, Probate Procedure, Burden of Proof
Source Language
English
Succession Law Probate Wills Validity of Will Forgery Probate Procedure Burden of Proof

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 on Appeal From Court of Appeal

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 High Court and Court of Appeal applied the correct legal and procedural standards in determining the validity of the Will

Ratio Decidendi

The evidence of the attesting witnesses and the comparison of the signature on the deposited Will (Exhibit 'B') with undisputed signatures established due execution and attestation. The plaintiffs failed to prove forgery beyond reasonable doubt. Procedural errors regarding the annexing of a copy to the probate application did not affect the validity of the deposited Will. The Will deposited in the Registry is valid and should be admitted to probate.

Court Disposition

Appeal allowed; judgment of the Court of Appeal set aside; High Court judgment restored; Will admitted to probate.

Orders

  • Exhibit 'B', the Will of the late Thomas Atanley Kofigah alias Komlah 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.