Supreme court revokes decision on Blay-Miezah's will

THE Supreme Court has by a unanimous decision revoked the probates granted by an Accra High Court in respect of the 1989 Will of the late Ackah Blay-Miezah.

This followed an appeal filed by Dr Ebenezer Ako-Adjei, and Mr F. K. Mensah, a nephew of the late Blay Miezah, challenging the decision of the High Court that the Will of 1989 was genuine.

The five-panel court, presided over by Mrs Justice J. Bamford-Addo, ordered that the probates be deposited at the Registry of the High Court.

Other panel members of the court were Messrs Justice A. K. B. Ampiah, E. D. K. Adjabeng, G. K. Acquah and W. A. Atuguba.

It would be recalled that the High Court, in May, 1997, declared that the will made by Blay-Miezah on January 29, 1989 and produced by Dr John R. Kells, an Irish confidant of the deceased, was valid.

Dissatisfied with the judgement, the appellants went to the Appeal Court for a reversal of the decision and the nullification of the 1989 probate held by Dr Kells.

The Appeal Court, by a two-one majority in November, 1999, upheld the High Court decision and dismissed the appeal.

The late Dr Blay-Miezah, managing director of Oman Ghana Trust, died in June, 1992.

In its judgement, the Supreme Court declared that Dr Ako-Adjei, a Minister in the First Republic and Mr Mensah were entitled to the probate of the 1988 Will of the deceased together with the testamentary documents that were tendered in evidence.

It also ordered that the statement of accounts of the administration of the estate of the deceased on the basis of the said probates should be filed at the High Court Registry.

Cost of ¢50 million was awarded against the plaintiffs.

Messrs Steve Anancy and J. K. Agyemang represented Dr Ako-Adjei and Mr Mensah respectively, while Mr George Heward-Mills appeared for Dr Kells.