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March 9, 2023
DISTRICT COURT
GHANA
CORAM
INTRODUCTION/BACKGROUND:
Per a Writ of Summons and Statement of Claim filed on the 11th September, 2019 in this Court,
the Plaintiff prayed for the following reliefs;
a. An order to recover the following items and cash being the benefit due his late mother Adona Afatsawu
as a member of Dorvime Norvilorlor Haborbor of Dzodze.
i. Mortuary fee – GH₵ 275.00
ii. Cash – GH₵ 2,000.00
iii. 1 50KG of Rice – GH ₵300.00
iv. Tin tomatoes (Big one) – GH₵ 32.00
v. Frytol half gallon – GH₵ 65.00
b. Cost
CASE OF THE PLAINTIFFS
It is the case of the plaintiff that, he is the eldest child of his late mother who was a member of
the Dorvime Norvilorlor Association, the defendant herein.
The plaintiff stated that, his mother during her life time informed all her children including him
of her membership of the Association and the benefits due her upon her demise.
The plaintiff stated that their mother died on 15th May, 2019 and was buried on 15th June,2019.
The plaintiff stated that, after the death of their mother they had a meeting with the Chairman
of the Defendant Association concerning her funeral arrangements and payment of the benefits
due her to the family.
The plaintiff stated that per the rules and customs of the Association, a deceased member is
entitled to the benefits enumerated in the reliefs as stated in the writ.
The plaintiff stated that the defendant failed to pay to them the benefit of their late mother
despite several demands. Hence this action.
THE CASE OF DEFENDANT
In a defence filed on 21st February, 2020 per its chairman Francis Vidzro, the defendants
admitted that benefits are paid to members of the association upon their demise but such
payments vary from member to member in accordance with the duration of membership.
The defendant denied the allegation by the plaintiff that the Association refused to participate
in the funeral of their mother and stated further that when it came to their realization that the
plaintiff’s mother belonged to the Yewe cult, they demanded that a different arrangement be
made to allow them perform their rites separately but the plaintiffs failed to make that
arrangement.
The defendant stated that, when the plaintiff and his siblings failed to arrange for them to
perform at the funeral, they explained to them that, the levies collected from members when
they attend funerals are added to the benefits of members so the plaintiff and his siblings will
forfeit that of their mother because the
AI Generated Summary
The Magistrate Court, presided by His Worship Nelson Delasi Awuku, addressed a dispute between the family of the late Adona Afatsawu and the Dorvime Norvilorlor Haborbor of Dzodze over funeral benefits promised to members. Afatsawu’s eldest child sought specific benefits—mortuary fees, cash support, rice, tin tomatoes, and Frytol—rooting the claim in association practice. The association, led by chairman Francis Vidzro, conceded that benefits are paid but argued variability by membership duration and contended that non-attendance at the funeral, due to Yewe-related rites and the family’s refusal to accommodate separate performance, affected benefits. Relying on Exhibits 1 and 3, the court held the constitutionally mandated obligation—using “shall” to undertake burial and funeral rites—bound the association. Although the regulations did not itemize benefits, non-participation did not absolve the association from payment. The court awarded the mortuary fee (GH₵275), partial cash support (GH₵1,000), and costs (GH₵500), while dismissing the claims for rice, tin tomatoes, and Frytol.