Ratio DecidendiRatio DecidendiRatio Decidendi



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…

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