(1971) JELR 69862 (HC)    
High Court  ·  26 Mar 1971 ·  Ghana
Other Citations
[1971] GLR 353
Core Terms Beta
high court
third plaintiffs
district court
first plaintiff
customary successor
maintenance of children act
order of the court
contention of the defendant
customary law right of a child
infant child
original jurisdiction
plaintiffs’ claim
reasonable sum
social welfare department
welfare of the child
writ of summons
akua nsiah
appellate court
case of the first plaintiff
children of her marriage
civil procedure
claim of the first plaintiff
claim of the plaintiffs
close study of its provisions
committee consisting
consideration of his means
customary law of a child
date of death of their father
date of the action
district court arrears of maintenance
inter alia
j. e. appiadu
jurisdiction of the district court
loco parentis
mainstay of the argument of counsel
middle school
personal representatives of the father
present application
proper persons
provision of the act
provisions of the section
taylor j.
terms of part ii of the act
upper limit
van lare

TAYLOR J.: In this case the plaintiffs’ claim against the defendant endorsed on the writ of summons is as follows:

“(a) An order of the court upon the defendant to subsist and maintain and educate the second and third plaintiffs until they attain the age of manhood.

(b) An order of the court upon the defendant to pay to the first plaintiff the sum of N¢576 or £G288 representing expenses incurred by her in respect of second and third plaintiffs towards their living, maintenance and subsistence from the date of death of their father until the date of the action reckoned at N¢0.80 or 8s. per day (i.e. from 4 February 1966 to 28 February 1968). (c) Mesne profit. (d) An order of the court upon the defendant to maintain the first plaintiff as from the date of her husband’s death until she may get married or in the alternative until her death.”

The defendant is admittedly the customary successor of one J. E. Appiadu (deceased) the husband of the first plaintiff and the father of the second and …

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