Joseph Kwamin Ofori Eshun V. Adwua Pantsiwia (1953)

LawGlobal Hub Judgment Report – West African Court of Appeal

Wills—Probate—Illiterate testator—Civil Procedure Rules, Order 49, rule 29.

Facts

Order 49, rule 29 provides that:—
“Where the testator was blind or illiterate, the Court shall not grant probate of the will, or administration with the will annexed, unless the Court is first satisfied, by proof or by what appears on the face of the will, that the will was read over to the deceased before its execution, or that he had at that time knowledge of its contents.”

The appellant sued for probate of a will as being the last will of the deceased. The deceased was illiterate; but the requirement of the rule was not met. The trial Judge also did not believe the appellant’s story of how the will was found and doubted the authenticity of the signature of one of the attesting witnesses. For all those reasons probate was refused by the Judge. On appeal:—

Held

The refusal was based on good reasons.

Appeal dismissed.