[1973]DLHC9279 • January 29, 1973 • High Court
BADU vs. BOAKYE
The plaintiff claimed to be the customary wife of the defendant, alleging deceit, breach of promise, neglect, assault, and seeking medical expenses reimbursement. The defendant admitted cohabitation but contended the relationship was concubinage, not a valid customary marriage, supported by the payment of 'akotoagyan' which he argued did not constitute a marriage promise. The plaintiff fell ill and incurred medical expenses, which the defendant refused to pay. The defendant also allegedly assaulted the plaintiff and expelled her from his home.
read moreJUDGMENT OF OSEI-HWERE J. By her amended writ of summons the plaintiff’s claim against the defendant is for: “(1) General damages for fooling, deceit, breach of promise and customary push off as a result of the defendant’s total neglect of the plaintiff who is his customary wife, and claiming unreasonably to have divorced her in circumstances of any other law. (1) For an order directing the defendant to pay the sum of ¢100.00 (one hundred cedis) to plaintiff being medical expenses. (2) General damages for assault and battery.” At the close of pleadings the plaintiff’s counsel took out summons for directions and the issues filed were admitted for trial. The admitted issues are as follows: “(1) Whether or not the plaintiff was the customary wife of the defendant during the periods they lived together. (2) Whether or not the payment of ‘akotoagyan’ does not constitute a valid and unconditional promise to marry at customary law and breach of which constitutes an ...