IBRAHIM v. AMALIBINI

On appeal from the District Court Grade II at Tamale, Taylor J. addressed claims arising under Frafra (Nankanse) customary law. The plaintiff asserted that the defendant, his prospective bride’s uncle, gave him the niece in marriage, that they cohabited, and that a son, Dantini Atambiri, was born; he sought orders to return the woman and hand over the child. Evidence showed essential marriage rites and family consent were not completed, and the woman, testifying as Laadi Akukula, said she was already pregnant by other relations when she met the plaintiff. The district magistrate denied the return-of-wife claim but granted child custody to the plaintiff. On appeal, the High Court held that courts lack jurisdiction to compel cohabitation or order a wife’s “return,” such orders being incompatible with modern legal principles and constitutional protection of dignity. Regarding paternity, the court found the birth certificate inconclusive and contrary to Act 301’s requirements in cases of doubtful paternity. Even assuming paternity, under Frafra custom children born outside customary marriage belong legally to the mother’s paternal family, not the putative father. The appeal was allowed; the district court’s judgment was set aside, and the order to hand the child to the plaintiff was quashed.