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…

YAKUBU MAHAMA V. BUKARI AWUNI

YAKUBU MAHAMA
V.
BUKARI AWUNI