ERNESTINA BOATENG HOUSE NO. TH67 TANTRA HILL-ACCRA v. PHYLLIS SERWAH & ORS
2016
COURT OF APPEAL
GHANA
CORAM
- GYAESAYOR, JA (PRESIDING)
- DORDZIE, (MRS.) JA
- MENSAH, JA
Areas of Law
- Family Law
- Evidence Law
- Civil Procedure
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This legal proceeding is centered on an appeal against the decision of the High Court, Human Right Division, Accra. The plaintiff claimed to be the surviving wife of the deceased and sought several reliefs, including joint ownership of properties. The trial court ruled in her favor, declaring her the lawful widow and co-owner of properties. Defendants appealed, arguing the marriage was void since the plaintiff was married to another man at the time. On appeal, the appellate court reviewed the evidence and found that the plaintiff's marriage to the deceased was indeed void due to her prior monogamous marriage. The trial court's decision was overturned, and the appellate court ruled in favor of the defendants, granting reliefs sought in their counterclaim. The court emphasized legal principles such as the burden of producing evidence, invalidity of subsequent marriages to an Ordinance marriage, and conditions for appellate court intervention on factual findings.
GYAESAYOR, JA
This is an appeal against the decision of the High Court, Human Right Division, Accra presided over by Justice Uuter Paul Dery dated 30th day of July 2012. The plaintiff/respondent (hereinafter called plaintiff) claiming to be the surviving wife of the deceased Mark Adu Prempeh sought the following reliefs against the defendant who are surviving spouse, customary successor and son of the deceased who died intestate on 17th February, 2007. Her endorsement on the writ sets out the claims sought by her as follows:
a. Declaration that the plaintiff herein as the legal wife of Mark Adu Prempeh as at 17th February 2007 became the lawful widow of same upon his death on that date.
b. Declaration that since the Divorce Petition in which the plaintiff had prayed the court to grant her joint share in the properties acquired during the subsistence of their marriage was still pending before the court, the court’s ruling that her prayer before the court died with the husband was totally wrong in law and equity.
c. Declaration that by the death of the husband in the course of the determination of the state of their matrimonial properties, the plaintiff herein automatically became the sole owner of same according to the Law of Survivorship.
d. Revocation of the Letters of Administration on the estate of Mark Adu Prempeh on grounds that it was obtained by fraud and upon illegality.
e. Perpetual Injunction against the Defendants herein, their assigns, agents and all those who claim title through them from in any way interfering with her peaceful enjoyment of House No. TH 67, Tantra Hill where the Defendants have illegally ejected her by throwing out her personal effects and renting out her premises as well as other parts of the said house.
f. Order to the defendants to render account on the administration of the estate of the dead husband.
g. General damages for pain and mental agony which the plaintiff has been put through by these illegal acts of the defendants.
h. Costs.
The defendants upon service on them filed their defence and endorsed a counter claim.
In the counter claim filed by 1st defendant/appellant, she sought a declaration that the purported customary marriage between the plaintiff and the deceased Mark Adu Prempeh was void ab initio and also demanded general damages.
At the end of the trial, the plaintiff was declared victorious while the defendants counter claim was dismissed.
The learned trail judge entered judgment for the plaint