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CHIJIOKE I. KALU AND OTHERS
V.
MRS. FLORENCE N. KALU AND OTHERS

(2017) JELR 69826 (HC)

High Court 7 Jun 2017 Ghana
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- This case involves a dispute between brothers and their mother and sister over the burial of their deceased father. - The main issue is the place of burial and who has the right to make that decision. - The plaintiffs claim that the famil

Case Details

Suit Number:SUIT NO. GJ 731/2016
Judges:KWEKU T. ACKAAH-BOAFO JUSTICE OF THE HIGH COURT
Counsel:NICOLE-MARIE POKU AND SEAN POKU HOLD ,THADDEUS SORY’S BRIEF FOR THE PLAINTIFFS ,MR. EMMANUEL HAMMOND FOR THE 1ST & 2ND DEFENDANTS

JUDGMENT

i. Introduction:

[1] There are no “winners” in this litigation. While a judgment such as this may permit the burial of the late Dr. Michael I. Kalu (deceased), there can be no assurance that the relationship between the parties herein will be completely ever repaired. This is a case between brothers as the Plaintiffs and a mother as 1st Defendant and a daughter and sister of the Plaintiffs as 2nd Defendant. And the subject matter of the dispute is about the mortal remains of the Plaintiffs’ and the 2nd Defendant’s father and the husband of the 1st Defendant. Based on the life worth of the deceased as presented to the Court and taking into consideration the professional standings of the parties, in the opinion of the Court his life ought to have been celebrated rather than his passing being litigated.

[2] Quite clearly, this is one case that is most suited for the Alternative Dispute Resolution (ADR) program especially because all the parties are of the same nuclear family. It is…

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