Agyei & Anor Vrs Sakyi [2021] GHASC 126 (1 December 2021)

Agyei & Anor Vrs Sakyi [2021] GHASC 126 (1 December 2021)

The Appellant, as propounder and executor of the will, failed to discharge the burden of proof required to establish due execution and validity under the Wills Act. Inconsistencies in witness testimony, lack of credible evidence of execution, and an uncontested forensic report indicating forgery led the court to conclude the will was not the handiwork of the deceased and was fraudulently procured. The appeal was dismissed and the lower courts' findings affirmed.

Citation
[2021] GHASC 126
Parties
Plaintiff/respondent: Lawrence Agyei; Plaintiff/respondent: Maame Adwoa Asiamah; Defendant/appellant: Bernard Opoku Sakyi (alias Nana Kwesi)
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
1 December 2021
Procedural Posture
Civil Appeal / Final Appellate Judgment (supreme Court)
Outcome
appeal dismissed
Legal Topics
Validity of Wills, Burden of Proof, Forgery, Evidence Admissibility, Intestate Succession
Source Language
English
Succession Law Probate Civil Procedure Validity of Wills Burden of Proof Forgery Evidence Admissibility Intestate Succession

Case Brief

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Parties

Lawrence Agyei

Plaintiff/respondent

Maame Adwoa Asiamah

Plaintiff/respondent

Bernard Opoku Sakyi (alias Nana Kwesi)

Defendant/appellant

Procedural Posture

Civil Appeal / Final Appellate Judgment (supreme Court)

Legal Issues

  1. 1 Whether the purported Last Will and Testament of Fred Opoku Sakyi is valid under the Wills Act, 1971 (Act 360)
  2. 2 Whether the burden of proof was discharged by the propounder of the will
  3. 3 Whether the will was a forgery and fraudulently procured

Ratio Decidendi

The Appellant, as propounder and executor of the will, failed to discharge the burden of proof required to establish due execution and validity under the Wills Act. Inconsistencies in witness testimony, lack of credible evidence of execution, and an uncontested forensic report indicating forgery led the court to conclude the will was not the handiwork of the deceased and was fraudulently procured. The appeal was dismissed and the lower courts' findings affirmed.

Court Disposition

appeal dismissed

Orders

  • Judgment of the Court of Appeal affirming the High Court is upheld.
  • The purported will is declared invalid and set aside.