RUTH ARTHUR
V.
JOHN HECTOR ANSAH & NAOMI OWUSU

(2003) JELR 63507 (CA)

Court of Appeal · CIVIL APPEAL NO. 62/2002. · 31 Jul 2003 · Ghana

CORAM

OWUSU ANSAH J.A. (PRESIDING), MISS OWUSU J.A, ANIM J.A, RUTH ARTHUR JA

Ratio Decidendi

Core Terms ^Beta

1st defendant

plaintiff

customary marriage

ordinance marriage

13th march

2nd defendant

fact

defendants

2nd defendants

cape coast

cross-examination

john hector ansah

learned trial judge

local council school

trial judge

amicable settlement of the matter

appellate court

conjugal rights of the plaintiff

cross appeal

customary divorce

evidence decree

existence of a valid customary marriage

family house

following reliefs

high court judge cape coast

initial burden of persuasion

john hector ansah 1st defendant

judgment of the high court

learned author

lump sum

main ground of appeal

major issue

natural death

offices of the cape coast municipal assembly

owusu ansah

panel members

prior customary marriage

relevant marriage certificate

result of a misunderstanding

right thing

sides of the family

significant impact

sole issue

spite of the clear evidence

spite of the subsistence of the customary marriage

support of her case

ultimate analysis

OWUSU ANSAH, J.A.

This is an appeal from the Judgment of the High Court, Cape Coast, delivered on the 16th June, 2000.

The Plaintiff/Respondent ("Respondents") issued a Writ of Summons against the Defendants/Appellants (hereinafter referred to simply as the "Appellants") claiming the following reliefs.

a) A declaration that the Ordinance Marriage celebrated between the 1st and 2nd Defendants on the 13th March, 1998 is unlawful, null and void and of no effect in the light of the existing customary marriage subsisting between the Plaintiff and 1st Defendant which has not been dissolved.

b) An order setting aside the Ordinance Marriage between the Defendants.

c) A declaration that the 1st Defendant's conduct in contracting an Ordinance Marriage whilst a customary marriage subsists between him and the Plaintiff constitutes bigamy.

d) An order compelling the 1st Defendant to restore the conjugal rights of the Plaintiff. It is not disputed that the Plaintiff and the 1st Defendant contracted a Cus…

RUTH ARTHUR V. JOHN HECTOR ANSAH & NAOMI OWUSU

RUTH ARTHUR
V.
JOHN HECTOR ANSAH & NAOMI OWUSU