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GYM
V.
INSAIDOO

(1965) JELR 69531 (HC)

High Court 10 Aug 1965 Ghana
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- The court held that the parties were not married under customary law due to lack of publicity and requisite ceremony; mere cohabitation does not create a presumption of marriage. - The defendant’s seizure of the plaintiff’s (and her siste

Case Details

Judges:KORANTENG-ADDOW J.
Counsel:J. K. POLLEY FOR THE PLAINTIFF; J. OFORI BOATENG FOR THE DEFENDANT.
Other Citations:[1965] GLR 574

KORANTENG-ADDOW J.

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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