[1987]DLCA763 • January 29, 1987 • Court of Appeal
IN RE MARKHAM (DECD); MARKHAM vs. AFEKU IV AND OTHERS
James Markham married Joyce Markham in 1955 under the Marriage Ordinance. Joyce filed for divorce in 1967 on grounds of cruelty; a decree nisi was granted but it was unclear if it was ever made absolute. Markham remarried Phyllis Aidoo in 1973 believing the divorce was finalized. Markham died in 1984. Joyce later claimed rights as the lawful widow to benefit from his estate, contesting the validity of the second marriage and her status under the Intestate Succession Law, 1985 (PNDCL 111).
read moreThis is an appeal from the judgment of Ansah-Twum J. sitting in the High Court, Accra refusing an application by originating summons made on behalf of the plaintiff, Joyce Markham (neé Flemister), to be declared the lawful widow of James Markhan, deceased, and a person entitled to benefit from his estate under the Intestate Succession Law, 1985 (PNDCL 111). Togbe Amegashie Afeku IV, the first defendant, is the head of family of the deceased, and Phyllis Markham (neé Aidoo), the fourth defendant, is a person held out by the family as the lawful widow of the deceased. The facts are these: James Markham married Joyce Markham in Accra on 17 September 1955 under the Marriage Ordinance, Cap 127 (1951 Rev). In 1967 Joyce filed a petition for divorce on the ground of cruelty. The suit was undefended. On 26 January 1968 the High Court presided over by Campbell J. granted a decree nisi to be made absolute in three weeks. The petitioner was granted custody of the three children. There b.....