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KOFI v. AGBOTSE


  • New
  • 2010-09-22
  • HIGH COURT
  • GLR 305-307
  • Print

SIMPSON J.


Summary

Marriage under customary law?-Basic requisites?-Evidence providing such marriage.

Headnotes

Felix Donkor Kofi and Matilda Ameyo Agbotse lived together for some years, and there was an agreement to marry. Later, the girl insisted on the man?'s sending drink to her parents, and drink and cash were offered to her paternal uncle, and accepted by him before witnesses (including the parents). Subsequently Kofi successfully claimed adultery fees from some man.Later again, Kofi claimed 100 damages from his wife in the District Court ?"A?" for ?"fooling, to wit that the plaintiff married the defendant under Native Custom, and made school expenses on the defendant, but now the defendant denies plaintiff?'s customary marriage to defendant, and the defendant is now serving as a concubine to another man Christian Amegashie.?"The District Court considered the requirements of customary law, found that custom had been performed, and held that defendant was plaintiff?'s wife. They gave judgement for him in the sum of 15.The defendant-wife appealed to the District Magistrate, Ho. The Magistrate took evidence as to the requirements of customary law, but apparently omittted to ask the expert witness the only important question, and gave the plaintiff no opportunity to put any question to the witness. The Magistrate held that ?"there is nothing in the evidence to prove that the plaintiff was in fact married to the defendant.?" He allowed the girl?'s appeal.The plaintiff appealed to the High Court (T. V.T. Suit No.5/59) [p.306]

Judgement

Decision

I allow the appeal.  The judgment of the Magistrate is set aside, and the judgement of the District Court is restored.  The appellant is entitled to his costs in this Court and in the Magistrate’s Court, to be taxed.

Plaintiff / Appellant

Defendant / Respondent

Referals

Quaye and Kwevi (Div. Cts. (1931-1937).

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