ERNESTINA BOATENG vs. PHYLLIS SERWAH, BOAMPONG NYAMEKYE AND MARK ADU PREMPEH (JNR.)

GYAESAYOR, JA This is an appeal against the decision of the High Court, Human Right Division, Accra presided over by Justice Uuter Paul Dery dated 30th day of July 2012. The plaintiff/respondent (hereinafter called plaintiff) claiming to be the surviving wife of the deceased Mark Adu Prempeh sought the following reliefs against the defendant who are surviving spouse, customary successor and son of the deceased who died intestate on 17th February, 2007. Her endorsement on the writ sets out the claims sought by her as follows: a. Declaration that the plaintiff herein as the legal wife of Mark Adu Prempeh as at 17th February 2007 became the lawful widow of same upon his death on that date. b. Declaration that since the Divorce Petition in which the plaintiff had prayed the court to grant her joint share in the properties acquired during the subsistence of their marriage was still pending before the court, the court’s ruling that her prayer before the court died with the husband .....