NYABILA
V.
NAYINA

(1987) JELR 65315 (HC)    
High Court  ·  3 Feb 1987 ·  Ghana
CORAM
ESSILFIE-BONDZIE J.
Core Terms Beta
plaintiff
defendant
woman
marriage
children
father
action
appeal
case
customary law
father of the woman
wife’s family
demand
evidence
trial magistrate
ama tenkampuwom
brandford-griffith cj
brief facts of the plaintiff
case of ginbuuro v
demand of the defendant
divorce proceedings
essilfie-bondzie j.
evidence of his only witness
frafra custom
husband’s family refuse
husband’s family returns
judgment of the district court grade ii
judgment of the trial magistrate
kaba
koranteng-addow j
law
learned judge
marriage of the woman
marriage rites
native custom
plaintiff’s claim
plaintiff’s further claim
record of appeal
record of proceedings shows
request of the father
result of the conduct of the defendant
return of certain items of clothing
return of the things
sentiments
similar situation
subject-matter of the suit
unlawful detention of the said children
view of the customary law
views of the learned judge
wife

ESSILFIE-BONDZIE J.: This is an appeal from the judgment of the District Court Grade II, Bolgatanga dated 3 October 1986. In the action before the trial magistrate the respondent (hereafter referred to as the plaintiff) claimed from the appellant (hereafter referred to as the defendant) as follows:

(1). “The plaintiff’s claim against the defendant is for custody of two children, namely (1) Ama Tenkampuwom, and (2) Teni Tenkampuwom whom the defendant is keeping unlawfully and who are aged nine and six years respectively.

(2). The plaintiff’s further claim from the defendant is for ¢20,000 damages for unlawful detention of the said children.”

The brief facts of the plaintiff’s case as appears in the record of appeal is that about seventeen years ago, he approached the father of the woman who is the mother of the two children in dispute for marriage. The father told him the woman was already married. At that time the woman had deserted the husband and was living with the plaintiff. Some ti…

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