Henry Charles Christian (Otherwise Known As ). Kofi Ampah) V. Samuel Tawiah Intsiful (1953)

LawGlobal Hub Judgment Report – West African Court of Appeal

Execution of a will by blind testator—Construction of the word ” blind “—Iftestator blind the will still binding if testator had knowledge of the contents ofwill—Order 49, rule 29, of Courts Ordinance (Cap. 4) considered.

Facts

The appellant appealed against the judgment of the West African Court of Appeal which held that the will of a nearly blind testator was valid and reversed the judgment of the Court of first instance.

The two issues to be decided were whether or not the testator was blind, within the meaning of Order 49, rule 29, and if he was blind, did he at the time of the execution of the will have knowledge of its contents.

Held

Blindness did not mean total blindness, but incapability of reading the will. Blindness had not been established. Further the evidence established that the testator ” had at that time “, that is the time of making the will knowledge of its contents and the will was valid.

Appeal dismissed.