[1959]DLHC2039 • November 17, 1959 •
QUARTEY vs. MARTEY & ANOR.
The plaintiff, widow of the late H.A. Martey, claimed to be the lawful wife married under customary law and sought a one-third share of her late husband's estate, alleging she provided financial assistance during his unemployment. The defendants challenged her claim to the estate and the authority to incur funeral expenses.
read more(His lordship referred to the pleadings, and continued:—) The evidence led by the plaintiff as to her marriage with the late H.A. Martey was not cross-examined upon, and there is evidence led by the defendants which shows that the late H. A. Martey lived with the plaintiff for over 25 years as man and wife, and that the family of the deceased acknowledge the plaintiff as a wife of the deceased, married under the provisions of customary law. There are various forms of valid marriage under customary law. The indispensable elements in all of them are the request of the man to live with the woman as man and wife, and consent thereto by the family of the woman (Asumah v. Khair (p.353 of this volume), where the various forms of customary marriage in Ghana are discussed). On the evidence before me I hold that the plaintiff was the lawful wife of the deceased, married according to customary law. I turn now to the question of assistance which the plaintiff alleged she gave to her late .....