[1980]DLHC1072 • January 25, 1980 • High Court
IN RE MARRIAGE OF MOHAMMEDANS ORDINANCE, CAP. 129 (1951 REV.); IN RE REGISTRATION OF MARRIAGE BETWEEN BYROUTHYAND AKYERE; EX PARTE ALI.
The applicant sought an order under section 6(10) of the Marriage of Mohammedans Ordinance, Cap. 129 (1951 Rev.) to issue a certificate authorizing registration of a marriage celebrated in 1946 between Abena Akyere and Mohammed Sadallah Byrouthy, a Lebanese now deceased. The marriage was first celebrated under Fanti customary law and subsequently solemnised under Islamic law but was never registered as required by the Ordinance. The applicant aimed to regularize the marriage registration, supported by affidavits confirming the marriage ceremonies.
read moreJUDGMENT OF CECILIA KORANTENG-ADDOW J. This application is brought under section 6 (10) of the Marriage of Mohammedans Ordinance, Cap. 129 (1951 Rev.). The applicant is seeking an order for the issue of a certificate authorising any district chief executive to register a marriage which was alleged to have been celebrated in accordance with Islamic law in 1946 between one Abena Akyere, a cousin of the applicant, and one Mohammed Sadallah Byrouthy, a Lebanese, now deceased. From the facts deposed to in the affidavit in support of the motion, the said Abena Akyere was married according to Fanti custom to the Lebanese who was then resident at Agona Swedru, and that the custom was performed to the father of Abena Akyere. Subsequently, the marriage was solemnised in accordance with Islamic law. The said marriage was blessed with one child but it was not registered as required by section 5 of the Ordinance. The applicant says it was through sheer inadvertence that the marriage w...