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ADDISON v. ACHEAMPONG

1970

HIGH COURT

GHANA

CORAM

  • Edusei J

Areas of Law

  • Family Law
  • Civil Procedure

AI Generated Summary

On appeal, Justice Edusei examined how Akan customary law structures the resolution of intimate and family matters within Ghana’s district courts. He emphasizes that disputes akin to the present appeal—such as seduction claims and the making of marriage arrangements—are conventionally resolved in meetings between the two families, rather than by direct negotiation between the young man and the girl. The families act as the principal contracting parties in marriage, while the girl's consent is sought and the decisions are communicated to both prospective spouses. In addressing procedure, Edusei J clarifies that the rules governing district courts immediately before the Courts Decree, 1966 (N.L.C.D. 84), continue to apply with necessary modifications in current Grade I and Grade II district courts. Given that Grade II magistrates are often non-lawyers and such cases are predominantly governed by customary law with illiterate litigants, those pre-Decree rules operate with greater force. The judgment thus harmonizes customary practice with procedural norms on appeal.

JUDGMENT