COMFORT BREW ANTHONY vs. JEAN ANTHONY

The plaintiff claimed to be the customary law wife and surviving spouse of the late Lawrence Arthur Anthony, with whom she said she had lived in marriage for about sixteen to seventeen years. After the deceased’s death, she alleged that the defendant, an ex-wife of the deceased and executrix/trustee under his will, together with the defendant’s children, ejected her and her belongings from the matrimonial home. The plaintiff discovered that the deceased’s will made no provision for her and therefore sought declarations that she was the surviving spouse and entitled to reasonable provision from the estate under article 22(1) of the 1992 Constitution and section 13(1) of the Wills Act, 1971 (Act 360). The judgment points to this in the opening paragraphs where the court states that the plaintiff 'claim to be a widow' and that the will 'did not make any provision at all, let alone a reasonable one for her,' leading to the reliefs claimed.

In this suit the extent and application of Article 22(1) of the Constitution and section 13(1) of the Wills Act, 1971, Act 360 have been invoked and comes up for fascinating discussions. Plaintiff who claim to be a widow and upon the death of her husband of sixteen years, Lawrence Arthur Anthony, all her personal belongings had to be thrown out of her matrimonial home by the Defendant who was an ex-wife of the deceased husband together with the children of the Defendant, birthed this writ out of the Registry of the court, upon realizing that the Will of the late husband, whiles making the Defendant as the Executor/Trustee of the Will, did not make any provision at all, let alone a reasonable one for her, and accordingly sought the following reliefs: i. A declaration that the Plaintiff is the surviving spouse of the late Lawrence Arthur Anthony (deceased). ii. A declaration that the Plaintiff is entitled to a reasonable provision from the estate of the deceased in accordance...