[2025]DLHC18052 • May 14, 2025 • High Court
SARAH PINTO vs. AYIKU PINTO & 5 ORS.
The Plaintiff claimed to be the legal spouse of the late Isaac Kabutey Pinto Abebleh and sought declarations to that effect, injunctions restraining the Defendants from organizing the deceased's funeral without her involvement, and a declaration that the 6th Defendant was not a son of the deceased. The Plaintiff alleged she married the deceased in 1999, cohabited harmoniously until his illness, cared for him during his sickness, and was excluded from funeral arrangements by the Defendants. The Defendants denied the Plaintiff was the surviving spouse, asserting a divorce was granted in 2005, and that the Plaintiff had a child by another man during separation. They counterclaimed for declarations denying the Plaintiff's status as wife and beneficiary of the estate.
read moreJUDGMENT I. PROLOGUE [i] The Plaintiff herein contends that she is the legal spouse of the late Isaac Kabutey Pinto Abebleh and therefore instituted this action; after the death of the said Isaac Kabutey Pinto Abebleh for the following reliefs (which were subsequently amended): a. A declaration that the Plaintiff is the legal spouse of the late Isaac Kabutey Pinto Abebleh. b. An order of interim injunction directed at the 1st to 4th Defendants to be restrained from organizing any funeral in respect of the late Isaac Kabutey Pinto Abebleh without the involvement of the Plaintiff as the legal wife of Isaac Kabutey Pinto Abebleh. c. An order of injunction restraining the Mortician (5th Defendant) assigned to the Trinity Hospital, Lebanon – Ashaiman, from releasing the mortal remains of the deceased, Isaac Kabutey Pinto Abebleh until the final determination of this case d. Any other relief(s) this court deems fit. 2. FACTS OF THE PLAINTIFF’S CASE [ii] According to...