[1988]DLCA694 • June 23, 1988 • Court of Appeal
AKORNINGA vs. AKAWAGRE
The plaintiff-respondent, brother of the deceased husband, claimed enforcement of an arbitration award for the return of his deceased brother's wife and two children, plus damages. The defendant-appellant, father of the woman, refused to comply. The woman had remarried with her father's consent after being neglected by the deceased husband's family. The respondent claimed under Frafra customary law that the widow and her children belonged to the deceased's family. The woman did not know the respondent and had lived with her new husband for years.
read moreJUDGMENT OF TAYLOR J.S.C. The claim of the plaintiff-respondent against the defendant-appellant is “for the enforcement of an arbitration award for the return of his wife and two children” and “¢5,000 general damages.” The defendant-appellant is the father of the alleged wife and the respondent is a brother of her late husband. The appellant’s daughter got married to one Agambire Atedoku who was said to be the brother of the whole blood of the respondent in this case. After the marriage the said Agambire Atedoku died, but at the time of his death his wife, the woman claimed in these proceedings, was pregnant and eight months after her husband’s death she gave birth to a baby boy. This boy is one of two children claimed in the suit by the respondent. In evidence the lady explained that after her husband’s death, his family were not feeding her and she had to return to her father’s house and only went back to her husbands house to deliver; she said after she h...