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

(2017) JELR 69826 (HC)    
High Court  ·  SUIT NO. GJ 731/2016 ·  7 Jun 2017 ·  Ghana
CORAM
KWEKU T. ACKAAH-BOAFO JUSTICE OF THE HIGH COURT
Core Terms Beta
court
3rd plaintiff
1st defendant
2nd defendants
plaintiffs
2nd defendant
igbo custom
burial of the deceased
cross-examination
family of the deceased person
ibo custom
dr. michael i. kalu
first son of the deceased
husband of the 1st defendant
letter of authority
mr. emelike kalu
opinion of the court
statement of claim
telephone call
1st plaintiff acts
1st son
2nd defendant’s father
body of the said deceased person
brief facts
death of a native
death of the deceased person
defendants allege
father of the 2nd defendant
father of the plaintiffs
following reliefs
iii issues
last wish of the deceased
main issue
members of the family
mortal remains of the plaintiffs
native law
nature of the evidence
nuclear family
place of burial of the said deceased person
plaintiffs’ witnesses
registry of this honourable court
sister of the plaintiffs
stalwart of their family
story of the disownment of the 3rd plaintiff
substance of his evidence
united states of america
witness statements
youngest child

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…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login