RULING
ABODAKPI, J.
1. This is a motion filed under ORDER 56 Rule 1(1) (b) of C.I. 47/04, and the relief as shown in the motion paper reads:
“…application praying for an order that a writ of Habeas Corpus do issue directed to Respondents herein to have the body of Kweku Adutwum-Ameyaw an infant release … and delivered to the Applicant and for any further order/s …”
The deposition made on behalf of Applicant by his Attorney Mariam Ameyaw is to the effect that the Applicant who is a Ghanaian by birth and presently a citizen of New Zealand, resides in the New South Wales, Australia.
She stated Applicant is father of the infant, born on 30/08/2006 to Josephine Tandoh (now deceased) in a marriage which has been dissolved on 28/01/2011 by a Circuit Court in Tema, as per EXHIBIT ‘B’.
Secondly, the deposition showed that 2nd Respondent married Josephine Tandoh (now deceased) as her marriage to Applicant had been dissolved, and she had custody of the infant with the right of access gr…