GEORGINA SACKEY & ANOTHER VS EBUSUAPANYIN YAW ANDERSON & ORS

Introduction

“All the art of living lies in a fine mingling of letting go and holding on”.…Havelock Ellis.

The quote above finds its best expression in this suit and will soon become relevant to the facts of this case.

Procedural History

The suit was initially filed on 24 March 2022, together with a motion on notice for an interlocutory injunction to restrain the defendants therein from abating the funeral rites of the late Albert Mac Amoah on 2 April 2022. Unfortunately, the deceased was buried on the return date to move the motion and thus became moot.

Subsequently, upon leave to amend their writ, the plaintiffs’ amended writ was filed on 19 September 2022 with the following reliefs:

1. An order directing the 1st - 4th defendants to pay the Gh¢7000.00 plaintiffs paid to them so they be included in the funeral of the late Albert Mac Amoah.

2. Interest on the said amount from April 2022 till final payment.

3. Costs.

Written and witness statements were accordingly filed, and the hearing commenced culminating in the present write-up.

Plaintiffs case

This suit springs out of the funeral of one Albert Mac Amoah deceased. The plaintiffs, mother and daughter, have urged upon this Court that the family of their late husband and father, particularly the defendants, decided that they should pay an amount of Gh¢7000.00 to be included in the funeral arrangement and celebration of the deceased. The plaintiffs assert that the late Mac Amoah had two wives, and they were asked to discuss a suitable date for the funeral with the other children and the family, though there was an earlier date. But the late Albert Amoah’s family, with the other wife, settled on the date earlier proposed and excluded the plaintiffs and their immediate family from the funeral celebrations. That even the one-week celebration of the deceased was held without recourse to them. It’s the plaintiffs’ further case that the failure to include the 1st plaintiff and her children in the celebration of their deceased husband and father caused them severe emotional trauma. They are demanding repayment of Gh¢7000.00 since they were excluded from the funeral arrangement and celebration of the late Albert Mac Amoah.

Defendants case

Defendants vehemently denied the plaintiffs' claims in their defence filed on 19 October 2022. Their denial was to the effect that the Gh¢7000.00 though received, was not for including the plaintiffs in the funeral arrangement of the deceased since it was not the p