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DAABOA DAGARTI
V.
DORNIPEA

(1982) JELR 69267 (CA)

Court of Appeal 11 May 1982 Ghana
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- Appeal dismissed; trial court’s grant of child custody to the plaintiff (uncle of the child’s deceased father) upheld. - The court affirmed that in disputes of paternity and custody under customary law, the retention of dowry evidences su

Case Details

Judges:FRANCOIS JA,EDWARD WIREDU JA,COUSSEY J.A.
Counsel:ADUMUA-BOSSMAN FOR THE APPELLANT; NO APPEARANCE FOR OR ON BEHALF OF THE RESPONDENT.
Other Citations:[1982-83] GLR 594

EDWARD WIREDU J.A.

This appeal is from the decision of the Circuit Court, Wa, dated 2 April 1980. The decision upheld a claim by the plaintiff-respondent (hereafter referred to simply as the plaintiff) for the custody of a child he claimed was born to his deceased elder brother and the daughter of the defendant-appellant (also hereafter referred to simply as the defendant). In that same decision the plaintiff’s claim for the return of the dowry of the said marriage between his deceased brother and the daughter of the defendant was dismissed for reasons which cannot be justified by the evidence on record. But as there has not been any appeal from that order by the plaintiff, we refrain from interfering with same. The defendant’s daughter testified in the case as his second witness and will in this judgment be referred to simply as the second defendant witness when it becomes necessary to refer to her.

The facts which have provoked the present appeal as presented by the plaintiff may be b…

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