MRS. AGATHA ANAGBLAH VS MR. MARTIN BAYAKPAH ANAGBLAH & ORS
2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO
Areas of Law
- Family Law
- Evidence Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff claimed that her late husband, Jordan Kofi Anagblah, gifted her a property, which the Defendants disputed. The court focused on two main issues: the validity of the alleged gift and whether the deceased had one or three surviving spouses. The court found insufficient evidence of the oral customary gift and declared that the deceased had three surviving spouses, thereby invalidating the Plaintiff's ordinance marriage. The Plaintiff's claims were dismissed, and certain reliefs were granted to the Defendants in their counterclaim, including declarations about the distribution of the deceased's estate.
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