[1961]DLSC876 • March 7, 1961 • Supreme Court •
COLEMAN vs. SHANG
The dispute concerned the entitlement to letters of administration of the estate of a deceased man who had been married under the Marriage Ordinance and subsequently married another woman under customary native law after the death of his first wife. The contest was between the sole survivor of the first marriage and the second wife married under customary law.
read moreJUDGMENT OF LORD TUCKER Lord Tucker delivered the judgment of their Lordships. [He stated the facts as set out in the headnote and continued:] The issue for determination at the trial was settled on the summons for direction as follows:- “Whether the plaintiff or the defendant is the proper person entitled to the grant of letters to administer the estate of the above-named deceased”. The contest was therefore between the sole survivor of the deceased’s marriage under the Marriage Ordinance and the lady whom he had married under customary native law on the death of his former wife. Section 48 (1) of the Marriage Ordinance1(1) is as follows: “48 (1) Subject to the provisions of the succeeding subsection where any person who is subject to native law or custom contracts a marriage, whether within or without [Ghana], in accordance with the provisions of this Ordinance or of any other enactment relating to marriage, or has contracted a marriage prior to the passing of th...