MRS. MARY AGYEMAN & ANOR.
V.
KWASI BOAKYE & ANOR.

(1999) JELR 69517 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. 52/97 ·  20 May 1999 ·  Ghana
CORAM
LAMPTEY J.A. (PRESIDING), WOOD J.A., BROBBEY J.A.
Core Terms Beta
evidence
late agyemang
1st plaintiff
exhibit
defendants
trial judge
appellants
learned trial judge
2nd defendant
2nd appellant
bare assertion
prima facie case
right decision
valid marriage certificate
exhibit b
ground of appeal
marriage ordinance
overwhelming evidence
ownership of the house
shred of evidence
trial court
validity of the marriage
case of 1st plaintiff
case of the defendant
continuance of such marriage
counter-claim
favour of the respondents
following facts
following reliefs
fruitless cross-examination
judgment of the high court
legal validity of exhibit
lifetime of the late agyemang
mary agyemang
members of the respective families
mother of late agyemang
name opoku agyemang
overwhelming evidence shows
own evidence decree
piece of evidence
property of agyemang
q. look
respondent’s sued
satisfactory proof of the ownership of the land
serious differences
signature of the couple
simple reason
view of the case
virtue of section
written submissions of the appellants

JUDGMENT

LAMPTEY J.A.

I agree that the appeal against the judgment of the High Court, Kumasi dated 31st October, 1995 be dismissed. I would add a few words on two issues raised in the notice of appeal. These issues deal with:—

1. The validity of the marriage between the late Agyemang and Mary Agyemang, and:

2. The ownership of the house in dispute.

In the notice of appeal, the defendants complained that the trial Judge erred in law in accepting Exhibit ‘B’ as a valid marriage certificate issued under the Marriage Ordinance, 127. The thrust of the complaint was that there were serious differences between Exhibit ‘A’ and Exhibit ‘B’. The differences effectively destroyed the legal validity of Exhibit ‘B’. In reply, counsel for the plaintiffs contended that the differences were not material and did not impeach the validity of Exhibit ‘B’. I have carefully and critically looked at the contents of Exhibit ‘A’ and Exhibit ‘B’ I find that the differences to which attention was drawn do not I supp…

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