Senti Vrs Kwame and Another [2020] GHASC 61 (4 November 2020)

Senti Vrs Kwame and Another [2020] GHASC 61 (4 November 2020)

The Supreme Court held that the Will of Thomas Asante Senti was validly executed in accordance with the law, the signature was genuine, and there was no credible evidence of fraud, forgery, or undue influence. Procedural errors in pleadings by the respondent led to a miscarriage of justice in the lower courts. The burden of proof was not discharged by the challenger, and the findings of the lower courts were perverse and unsupported by evidence. The appeal was allowed, the judgments of the lower courts were set aside, and the Will was ordered to be admitted to probate.

Citation
Senti Vrs Kwame and Another [2020] GHASC 61 (4 November 2020)
Parties
Plaintiff/respondent/respondent: Mr. Senti Michael; Defendant/appellant/appellant: Rev. Father Mon Kwame; Defendant/appellant/appellant: Dr. Asomah (Chairman of Polytechnic Council)
Court
ghasc
Jurisdiction
Ghana
Judgment Date
4 November 2020
Procedural Posture
Civil Appeal / Final Appellate (supreme Court)
Outcome
appeal allowed
Legal Topics
Validity of Wills, Testamentary Capacity, Undue Influence, Forgery, Burden of Proof, Pleadings, Fiduciary Relationships
Source Language
eng
Succession Law Probate Civil Procedure Validity of Wills Testamentary Capacity Undue Influence Forgery Burden of Proof +2 more

Case Brief

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Parties

Mr. Senti Michael

Plaintiff/respondent/respondent

Rev. Father Mon Kwame

Defendant/appellant/appellant

Dr. Asomah (Chairman of Polytechnic Council)

Defendant/appellant/appellant

Procedural Posture

Civil Appeal / Final Appellate (supreme Court)

Legal Issues

  1. 1 Whether the Will of Thomas Asante Senti was validly executed and should be admitted to probate
  2. 2 Whether the findings of forgery and undue influence by the lower courts were supported by evidence
  3. 3 Whether procedural errors in pleadings affected the outcome

Ratio Decidendi

The Supreme Court held that the Will of Thomas Asante Senti was validly executed in accordance with the law, the signature was genuine, and there was no credible evidence of fraud, forgery, or undue influence. Procedural errors in pleadings by the respondent led to a miscarriage of justice in the lower courts. The burden of proof was not discharged by the challenger, and the findings of the lower courts were perverse and unsupported by evidence. The appeal was allowed, the judgments of the lower courts were set aside, and the Will was ordered to be admitted to probate.

Court Disposition

appeal allowed

Orders

  • Judgment of the Court of Appeal set aside
  • Judgment of the High Court set aside