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APPOMASU
V.
BREMAWUO AND ANOTHER

(1979) JELR 69226 (CA)

Court of Appeal 3 May 1979 Ghana
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- The case revolves around a dispute over the type of marriage contracted by the first respondent and her late husband, Kwasi Nimo, and its implications on the succession of the husband's property after his death. - The couple initially con

Case Details

Judges:APALOO C.J.,ANIN J.A,ANTERKYI. J.
Counsel:AFRIFAH FOR THE APPELLANT; KOFI SACKEY FOR THE RESPONDENTS.
Other Citations:[1980] GLR 278

APALOO C.J.

Some time prior to June 1947, the first respondent and the late Kwasi Nimo contracted a marriage according to customary law. They were both apparently non-practising Roman Catholics. But as customary marriage was potentially polygamous, it was not recognized by the church, at any rate, for the purpose of receiving the holy sacrament.

The evidence given by the first respondent suggests that both spouses were anxious to receive holy communion but they could not do this unless their marriage was solemnized or at least blessed by the church. On 21 June 1947, they went through a ceremony of marriage at the Roman Catholic Cathedral, Kumasi. The marriage was celebrated by the Reverend Father Meenswen. He then made a record of what he performed in the church’s official register. This was produced in evidence. It seems plain that the result of the celebration of this marriage in church was to convert a polygamous marriage to a monogamous one.

The Reverend Father described the nature …

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