vTHE DISPUTED Will of the late S.K. Opoku of Opoku Transport, a renown transport operator in Kumasi, is still dragging on, as a result of dissatisfaction arising among the children, after a Kumasi High court declared the alleged Will, null and void.
Mr. Dua Agyemang Opoku, in whose favour the case went, when it was decided by the Kumasi High court, has sent it to the Court of Appeal, objecting to the case being freshly handled by an Accra High Court on the request of the opposing faction, Dr. Charles Opoku, his brother.
When the Court of Appeal heard the case Tuesday, this week, Mr. Agyemang Opoku and Mr. Samuel Addo Opoku, through their counsel, Mr. Kwame Akuffo, expressed their dissatisfaction against one of the panel members, who, they claimed, is sitting on the fresh case brought to the Accra High court by his opponent after a decision had already been made by a Kumasi High Court.
According to Mr. Kwame Akuffo, since one of the empanelled judges sat on the case at the initial stages at the Accra High court, initiated by his opponent, he would not be in the position to determine the issues brought before them at the Court of Appeal, as there is bound to be a conflict of interest arising.
However, Mr. Kwame Boafo, counsel for Dr. Charles Opoku, raising his objections to the issues raised by plaintiffs' counsel, argued that his opponent's arguments were not legally founded. According to him, the court does not sit on personal motives and feelings but on the evidence put before it.
The panel, comprising Justice (Mrs.) Agnes Adinyira, the presiding judge, and Justices Doste J.A. and Marful-Sau, all Justices of the Court of Appeal, however, declined jurisdiction for new judges to be empanelled to hear the case.
The facts of the case were that the late S.K. Opoku was alleged to have made a will before his death on the properties he owned and on-seeing the will, some of the children of the deceased, described it as having been forged.
Subsequently, the case went before a Kumasi High Court and the will was declared null and void, indicating that the distribution of the deceased's estates be done in accordance to the intestate succession law, with the widow having 20% of the estates, 55% to deceased's children and 25% to the family.