[1979]DLCA1033 • May 3, 1979 • Court of Appeal
APPOMASU vs. BREMAWUO AND ANOTHER
Prior to June 1947, the first respondent and the late Kwasi Nimo contracted a customary marriage, which was polygamous and not recognized by the Roman Catholic Church for sacramental purposes. On 21 June 1947, they underwent a church ceremony at St. Peter's Cathedral, Kumasi, conducted by Reverend Father Meenswen, to have their marriage blessed according to church rites. The couple lived together in this monogamous union until the husband's intestate death in 1973, leaving one son, the second respondent. The dispute arose over whether the church ceremony constituted a valid marriage under the Marriage Ordinance, Cap. 127 1951 Rev., which would affect succession rights to the husband's estate.
read moreJUDGMENT OF APALOO C.J. Some time prior to June 1947, the first respondent and the late Kwasi Nimo contracted a marriage according to customary law. They were both apparently non-practising Roman Catholics. But as customary marriage was potentially polygamous, it was not recognized by the church, at any rate, for the purpose of receiving the holy sacrament. The evidence given by the first respondent suggests that both spouses were anxious to receive holy communion but they could not do this unless their marriage was solemnized or at least blessed by the church. On 21 June 1947, they went through a ceremony of marriage at the Roman Catholic Cathedral, Kumasi. The marriage was celebrated by the Reverend Father Meenswen. He then made a record of what he performed in the church’s official register. This was produced in evidence. It seems plain that the result of the celebration of this marriage in church was to convert a polygamous marriage to a monogamous one. The Rev.....