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AMOAH
V.
APPAU ALIAS AMOAH

(1977) JELR 67316 (HC)

High Court 22 Mar 1977 Ghana
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- The respondent has applied for an order to restrain his wife from staying in the matrimonial home and interfering with his person or curtailing his liberties and legal rights. - The parties were married under customary law in Ghana, but l

Case Details

Judges:OWUSU-ADDO J.
Counsel:ATTA KESSON FOR THE APPLICANT; D. DE GRAFT AIDOO FOR THE RESPONDENT.
Other Citations:[1977] 2 GLR 159

OWUSU-ADDO J.: The respondent has applied for an order to restrain his wife, the petitioner herein, from staying in the matrimonial home and from interfering in any way with his person, or invading his freedom or curtailing his liberties and legal rights.

The petition was filed on 12 March 1976, the wife alleged acts of cruelty against the husband and disclosed that on 4 February 1968 she and the respondent contracted a marriage under customary law in Ghana. They later cohabited in Los Angeles, California, in the United States of America, where they went through a ceremony of marriage ostensibly to convert their customary law marriage into a monogamous marriage, but in reality, that ceremony constituted a mere church blessing of their customary marriage and nothing more. So in point of fact, at the time of the presentation of the petition, the parties were married under customary law.

Turning to the present application, learned counsel for the respondent submitted that the parties being…

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