Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



THE REPUBLIC
V.
TORSHIE ASIBON & ANOR, EX PARTE KOFI ADUTWUM-AMEYAW

(2019) JELR 107418 (HC)    
High Court  ·  HR/055/2018 ·  13 Jun 2019 ·  Ghana
CORAM
NICHOLAS M. C. ABODAKPI

Ratio Decidendi

Core Terms Beta
applicant
child
respondents
1st respondent
2nd respondent
deposition
custody of the child
custody of his child
family court
circuit court
court order
death of his former wife
fit person
lawful custody
legal basis
right of access
various means
affidavit evidence
applicant of his rights
behalf of applicant
body of kweku adutwum-ameyaw
children act
child’s best interest
core of the rival claims
court orders
crime scene
custody of ghana ports authority employee
custody of the infant
custody orders
deceased wife
family nexus
father of the infant
favour of the deceased mother of the child
firm decision
further order
infant release
judgment of family court of australia
legal consequences of the orders
legal framework
mother’s death
murder of the child
parents of the child
procedural propriety of the application
rights of child
rules of procedure of the high court
terms of the applicable customary law
terms of the rules of procedure
writ of habeas corpus
writ of habeas corpus ad subjiciendum

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…

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