[1990]DLHC764 • March 2, 1990 • High Court
NEEQUAYE AND ANOTHER vs. OKOE
The case arose following the death of Dr. Christian Robinson Neequaye on 7 January 1990, leading to a dispute between his widow and children (plaintiffs) and his paternal family (defendant) over who had the authority to determine the venue for laying the deceased in state and the cemetery for burial. The plaintiffs claimed to be the legitimate wife and children entitled to arrange the funeral and burial, asserting that the deceased wished to be laid in state at his home in Kanda and buried at Osu cemetery, where he allegedly reserved a grave. The defendant contested these claims, asserting customary law rights of the paternal family and disputing the grave reservation and funeral arrangements.
read moreJUDGMENT OF LUTTERODT J. The death of Dr Christian Robinson Neequaye on 7 January 1990 has brought about an unprecedented legal battle between the widow and children on the one hand, and his paternal family headed by Mr Ashalley Okoe on the other. The main controversy between these two is who must determine (a) the venue for laying him in state for the usual wake-keeping to be held; and finally (b) the cemetery in which his mortal remains are to be laid to rest. On 12 February 1990 the widow, Mrs Dorothy Neequaye, and the eldest daughter, Bridget Neequaye, on behalf of themselves and her other children, naturally by the deceased, caused her solicitors to issue a writ against the said Ashalley Okoe for a number of declaratory reliefs: (1). “That they are the legitimate wife and children of the deceased. (2). A declaration that the plaintiffs have the responsibility to bury their late husband and father or in the alternative a declaration that the plaintiffs must have a say.....