Whang and Another Vrs Manison [2015] GHASC 132 (17 June 2015)

Whang and Another Vrs Manison [2015] GHASC 132 (17 June 2015)

The Plaintiffs failed to prove that the testator had testamentary capacity and that the signatures on the will were genuine. The evidence established that the testator was of unsound mind at the time of the alleged execution, and both the testator's and attesting witness's signatures on the will were forgeries. The trial judge's findings were supported by the evidence and should not have been overturned by the Court of Appeal. The will is invalid and cannot be admitted to probate.

Citation
[2015] GHASC 132
Parties
Plaintiff/appellant/respondent: Guy Nee Whang; Plaintiff/appellant/respondent: Krowe Mensah; Defendant/respondent/appellant: Vanderpuye Manison
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
17 June 2015
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal allowed; judgment of the High Court restored; Plaintiffs' action dismissed.
Legal Topics
Validity of Will, Testamentary Capacity, Forgery, Burden of Proof
Source Language
English
Succession Law Probate and Administration Validity of Will Testamentary Capacity Forgery Burden of Proof

Case Brief

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Parties

Guy Nee Whang

Plaintiff/appellant/respondent

Krowe Mensah

Plaintiff/appellant/respondent

Vanderpuye Manison

Defendant/respondent/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the testator had testamentary capacity to make a will
  2. 2 Whether the signature on the will was that of the testator
  3. 3 Whether the signature of the attesting witness was that of S. B. Krowe

Ratio Decidendi

The Plaintiffs failed to prove that the testator had testamentary capacity and that the signatures on the will were genuine. The evidence established that the testator was of unsound mind at the time of the alleged execution, and both the testator's and attesting witness's signatures on the will were forgeries. The trial judge's findings were supported by the evidence and should not have been overturned by the Court of Appeal. The will is invalid and cannot be admitted to probate.

Court Disposition

Appeal allowed; judgment of the High Court restored; Plaintiffs' action dismissed.

Orders

  • Will dated 16 May 2001 declared invalid and not admitted to probate.
  • Judgment of the High Court restored.