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BADU
V.
BOAKYE

(1973) JELR 86195 (HC)

High Court 29 Jan 1973 Ghana
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- The plaintiff claimed general damages for breach of promise of marriage, deceit, and neglect as a purported customary wife, reimbursement for medical expenses, and damages for assault and battery. - Central factual disputes included wheth

Case Details

Judges:OSEI-HWERE J.
Counsel:Dr. Ohene-Djan for the plaintiff. Defendant in person.
Location:Sunyani
Other Citations:[1975] 1 GLR 283-291

Osei-Hwere J.

By her amended writ of summons the plaintiff's claim against the defendant is for:

"(1) General damages for fooling, deceit, breach of promise and customary push off as a result of the defendant's total neglect of the plaintiff who is his customary wife, and claiming unreasonably to have divorced her in circumstances of any other law.

(2) For an order directing the defendant to pay the sum of ¢100.00 (one hundred cedis) to plaintiff being medical expenses.

(3) General damages for assault and battery."

At the close of pleadings the plaintiff's counsel took out summons for directions and the issues filed were admitted for trial. The admitted issues are as follows:

"(1) Whether or not the plaintiff was the customary wife of the defendant during the periods they lived together.

(2) Whether or not the payment of 'akotoagyan' does not constitute a valid and unconditional promise to marry at customary law and breach of which constitutes an actionable tort.

(3) Whether or not the plain…

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