Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1965) JELR 69531 (HC)    
High Court  ·  10 Aug 1965 ·  Ghana
Other Citations
[1965] GLR 574

Ratio Decidendi

Core Terms Beta
customary law
police station
nana anaisie iii
osafohene gyasi
third defence witness
only persons
plaintiff’s uncle
said room
valid customary marriage
first defence witness
defendant’s case
evidence of the plaintiff
members of the plaintiff
necessary custom
plaintiff’s first witness
plaintiff’s sister
second defence witness
above piece of evidence shows
arbitration nana kwamena anaisie iii
charge of the room
common law right of lien
court of competent jurisdiction
customary law right of a creditor
defendant’s orders
defendant’s version
essential features
evidence of ekua atta
exclusion of all others
facts of the seizure
hand claims
hearing of the case
important said elders
kinds of panyarring
laws of the jungle procedure
learned judge
lost money
matter of the loss of his money
plaintiff’s charge
plaintiff’s second witness
private person take charge
return of her things
said sister
secret place
trial judge
whereabout of the stolen articles


For about four or five years the plaintiff was living and sharing rooms with the defendant at Essikado, Sekondi, and to all appearances they were husband and wife. According to the plaintiff she was living with the defendant in a state of concubinage, but the defendant on the other hand claims that the plaintiff was his wife. The question of whether the relationship between the parties was one of concubinage or that of a valid customary marriage would have assumed no importance had the event culminating in this suit not arisen to ruffle the even tenor of their relationship.

According to the plaintiff, some time in 1959 her sister, the plaintiff’s first witness was about to leave the town of Sekondi to have a baby at Elmina. The said sister therefore left in the plaintiff’s charge and custody her room, all her personal effects and other belongings in a house near the Zongo at Sekondi. Even though the plaintiff’s sister had not left town the plaintiff had taken charge …

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