MRS. AGATHA ANAGBLAH VS MR. MARTIN BAYAKPAH ANAGBLAH & ORS
July 31, 2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO
Areas of Law
- Family Law
- Evidence Law
- Probate and Succession
- Property and Real Estate Law
July 31, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
Justice Gifty Agyei Addo of the High Court addressed a family dispute surrounding the estate of the late Jordan Kofi Anagblah. Agatha Anagblah, who had lived with Anagblah and bore three children, sued various relatives and two women, Evelyn Akorfa Anagblah and Paulina Mawusi Anagblah, claiming an oral customary gift of a developed plot at Adenta East and seeking injunctions and the return of a Toyota Four Runner (GS 414-10). The defendants denied the gift and asserted that Jordan had valid Anlo customary marriages to Evelyn (1990), Agatha (2004) and Paulina (2011). Applying Ghanaian customary gift and marriage doctrines and the Evidence Act, the court found Agatha’s gift claim unproven, held the Adenta property part of the estate, declared the purported 2004 ordinance marriage void under Cap 127 due to a subsisting customary marriage, recognized three surviving spouses, dismissed Agatha’s injunctive and chattel claims, granted declaratory counterclaims, and left administration matters to a letters-of-administration process, with no costs.
This judgment is borne out of a writ of summons accompanied by a statement of claim issued by the Plaintiff on 11th September, 2012. The writ of summons and accompanying statement of claim were subsequently amended on the 5th of June, 2013, pursuant to an Order of the Court by which the 3rd and 4th Defendants herein were joined to the suit.
Per the amended writ of summons and accompanying statement of claim, the following are the reliefs sought by the Plaintiff:
1. An order of perpetual injunction restraining all the Defendants, their relatives, agents and any other person claiming through them from entering into the Plaintiff‟s property or making any demands regarding the tenancy in Plaintiff‟s property aforesaid.
2. An order compelling all Defendants, their relatives, agents and any other person claiming through them to return Plaintiff‟s household chattel, i. e. Toyota Four Runner 4X4 with Registration No. GS 414-10, to the Plaintiff forthwith in the roadworthy condition in which it was removed by Defendants for their use.
3. An order of perpetual injunction restraining all the Defendants, their agents, relatives and any other person claiming through them from harassing and violating Plaintiff‟s children‟s right and her own rights as a mother and widow for no just cause.
4. Any other relief(s) as may be appropriate in this case.
BACKGROUND TO THE CASE Per the claims of all the parties herein, they are one way or the other related to one Jordan Kofi Anagblah (deceased). The bone of contention before this Court stems from the allegation and counter-allegations as to whether or not the Plaintiff is the lone spouse of the deceased Jordan Anagblah and whether the said Jordan Kofi Anagblah made to her a gift of one plot of land located at Adenta East, Accra, together with all edifices thereon.
To appreciate the issues that arise from this controversy, I shall proceed to set out the case of each party.
THE CASE OF THE PLAINTIFF According to the Plaintiff, she started dating the deceased in 1998 and on 17th April, 2004, they got married under Anlo-Ewe customary law.
That subsequently, the customary marriage was converted to an ordinance marriage under Part 3 of the Marriages Act, 1884-1985 (CAP 127) on 17th December, 2004. This marriage, which was unfortunately terminated by the death intestate of the said Jordan Kofi Anagblah on 14th June, 2012, was blessed with three children.
The Plaintiff avers that from the year 1998 until the couple‟s marria