VERALIGHT DELADEM ACKUMEY v. MICHAEL ESSIEN

ACQUAYE, J. A.

On 21st September 2007 the plaintiff/respondent issued a writ of summons at the Fast Track Division of the High Court in Accra claiming:

a) A declaration that the ceremony that took place on 1st day of October 2005 at Dansoman, Accra, did not constitute a valid customary law marriage among the Anlo community in Ghana and at best was an engagement.

b) A declaration that the ceremony that took place on 1st October 2005, even if it measured up to the essential requirements of a valid Anlo customary law marriage, was made without his consent and against his instructions and therefore not binding on him.

c) An order restraining the defendant from styling or holding herself out as a wife of plaintiff.

d) An order of perpetual injunction restraining the defendant from instituting or proceeding with any action in any other jurisdiction which borders on the alleged marriage relation between them until the final determination of this suit.

e) Further or any other relief that this Honourable court may deem fit.

At the latter part of her statement of defence which denied the claims of the plaintiff/respondent, the defendant/appellant counterclaimed for:

a) A declaration that the ceremony of 1st October 2005 constituted a valid and lawful customary marriage between the plaintiff and the defendant.

b) A declaration that the plaintiff and defendant are lawfully married under Ghanaian customary law.

During the hearing of the summons for directions the defendant/appellant set down as an additional issue that a video recording of the alleged marriage ceremony be admitted prior to the commencement of the trial or as the court may deem fit. During the hearing of the evidence of the plaintiff/respondent’s witness, Counsel for the defendant/appellant moved the trial court to admit and view the video coverage of the marriage ceremony at that state of the proceedings. The trial judge declined and ruled that the defendant/appellant was at liberty to tender the video in evidence when she came to testify for the court to make the necessary orders. Dissatisfied with the ruling the defendant/appellant filed a motion for stay of proceedings at the Court of Appeal and thereafter orally moved the trial court to stay proceedings pending the hearing of the motion for stay of proceedings at the Court of Appeal. When the trial judge refused to stay proceedings Counsel for the defendant filed the instant interlocutory appeal setting forth the following grounds of appe