QUARTEY v QUARTEY

JUDGEMENT OF KORSAH C.J.

A resume of the history of this case may be briefly stated thus: R.S. Boi Quartey, deceased, was the younger brother of the plaintiff; their mother Mrs. Kate Quartey and two sisters have also survived the deceased; Mrs. Kate Quartey, aforesaid, who has taken important part in the proceedings was prevented by an error from becoming a party in the suit; she was, however, a witness for the defendant at the trial.

In the year 1952, S.R. Boi Quartey attempted to marry the defendant under the Marriage Ordinance,1 but he was prevented by one Magdalene Adjojo Tengey as caveatrix, who claimed to be the wife of the deceased according to native custom. It is contended by the defendant that in 1953, the customary marriage between the deceased and Tengey was dissolved according to custom, and also that Tengey and the deceased had not lived together as husband and wife, or in the same town, since 1952. Although Tengey and the plaintiff admit that Tengey and the deceased had not lived in the same house or town since 1952, they deny that the marriage according to native custom has been dissolved.

By virtue of a licence obtained in accordance with the provisions of the Marriage Ordinance, Samuel Rodger Boi Quartey, deceased married Joco Quartey, the defendant herein, on the 23rd January, 1958. The certificate of marriage issued by O.N. Doku, Deputy Registrar of Marriages is exhibit A. Samuel Rodger Boi Quartey died in July 1958, after which the David Isaac Quartey, plaintiff-respondent herein endeavoured to induce Beatrice Joco Quartey, defendant-appellant herein, as widow of the deceased to join him to obtain letters of administration in respect of the said estate.

Under cross-examination, David Isaac Quartey said:

"I approached the defendant upon my brother's death to join me to apply for letters of administration for the personal estate of the deceased but she refused. I approached her to assist me in obtaining joint letters as my brother's wife under the Marriage Ordinance.

I inserted in the Graphic a notice of the memorial service on the 17th July, 1958, in respect of my brother's death in which I described the defendant as Mrs. Rodger Boi Quartey. I did not put in the name of Madam Tengay.

The deceased never lived with Madam Tengay during the deceased's residence at Nsawam up to the time of his marriage. He was resident at Nsawam where he took ill and returned to Accra and died.