GRACE ADU & DZIGBORDI EGBENYA v. MARTIN ANAGLATE & ORS
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Areas of Law
- Civil Procedure
- Family Law
- Probate and Succession
- Evidence Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiffs claimed to be customarily married to the deceased Dr. Anaglate and sought judicial reliefs against the Defendants. The Defendants denied these claims. After evaluating the evidence, including prior court decisions and customary law principles, the court determined that the Plaintiffs were indeed customary wives of the deceased. The Letters of Administration granted to the Defendants were canceled, and new ones were ordered to include the Plaintiffs.
JUDGEMENT
i. Introduction
[1] It is often said that Justice is like a river. Because all rivers are not the same so is justice. Some rivers run off quickly to their ultimate destinations whilst others take time, a long time to travel, winding to their ultimate destination with many twists and turns. The justice for the parties in this case has seen many twists including a change of venue from the Brong Ahafo Region to the Greater Accra and change of Counsel. This case has taken many years to reach its final destination; but today, finally, the end is here. For the parties it is judgment day.
[2] I am of the respectful opinion that the history of this case makes it appropriate to prefix this judgment with the quote by the respected former Chief Justice of this Republic, Wood CJ (as she then was) in the case of AGYEMANG (Substituted by BANAHENE & OTHERS v. ANANE [2013-2014] 1 SCGLR 241 when she stated:
“The oft quoted legal maxim “Justice delayed is justice denied”, coined by the British politician, William Gladstone (1809-1898), is no mere cliché. The right to fair trial in a timely manner is neither a courtesy nor a favour, but a fundamental right. Protracted delays in the administration of justice, impact negatively not only on those who access the courts, such as the victims of crime, accused persons who are acquitted at the end of their trial, parties in civil proceedings and their privies, lawyers who practice before the courts but indeed the entire justice system. The judicial history of this relatively simple family related land matter, which was commenced in the High Court Kumasi, as far back as the 4th of April 1974, provides an insight into the harmful effects of systemic delays in the administration of justice. Regrettably, it has taken forty long years, a whole generation, for this case to finally find its way into this court; the court of last appeal. We hope court business shall always be managed in ways that will not occasion a repeat of this parody of justice”
[3] Sadly, it is clear the Plaintiffs in the instant case did not hear the lamentations of her Ladyship, the former Chief Justice of this Republic. This simple case has taken over a decade since it was first filed at the High Court in Sunyani on February 11, 2009. The matter was transferred shortly after it was filed per the Order of the Chief Justice to the High Court, Accra on June 9, 2009. After the transfer all that the Plaintiffs’ Counsel did was to write letters for