Ratio DecidendiRatio Decidendi



YAKUBU MAHAMA
V.
BUKARI AWUNI

(2004) JELR 63900 (CA)    
Court of Appeal  ·  CA. 83/2004 ·  19 Feb 2004 ·  Ghana
CORAM
ESSILFIE-BONDZIE [PRESIDING], GBADEGBE J.A., ANIN-YEBOAH J.A.

Ratio Decidendi

Core Terms Beta
plaintiff
respondent
marriage
evidence
law
laadi mahama
view
learned trial judge
counter-claim
customary law
letters of administration
trial judge
high court
surviving spouse
valid marriage
instant case
said marriage
marriage of mohammedans ordinance cap
record of proceedings
dismissal of the counter-claim
intestate succession law
main issue
marriage of mohammedan ordinance
counter-claim of the appellant
deceased laadi mahama
grant of letters of administration
husband of the late laadi mahama
onus of proof
surviving spouse of the decedent
case of the respondent
common form
death of laadi mahama
deceased accords
estate of the said laadi mahama
facts of the case
following manner
full knowledge of the plaintiff
marriage rites
moslem custom of marriage
production of register
proposition of law
respondent claims
said judgment
said laadi mahama
state of the authorities
subject matter

ANIN-YEBOAH, JA.

This is an appeal from the High Court, Bolgatanga presided over by Piesare, J. (as he then was), dated the 12/12/2001. The facts of the case appear to be simple. The Plaintiff/ Respondent (hereinafter referred to as the Respondent) sued the Defendant/ Appellant (hereinafter referred to as the Appellant) before the High Court, Bolgatanga claiming several reliefs which border on intestacy.

It is the case of the Respondent that he was married to one Laadi Mahama (deceased) under the Marriage of Mohammedans Ordinance Cap. 129 and both cohabited together as man and wife for over Forty-six years before the death of Laadi Mahama. Unfortunately, there was no issue out of the marriage. According to the Respondent, the marriage rites were performed at Kumasi before an uncle of the deceased who gave him her hand in marriage, as the deceased's father was living in Accra at that time. After the marriage, they both lived together as husband and wife till Laadi Mahama died intestate o…

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