IN RE ACKOM-MENSAH (DECD.); ACKOM-MENSAH vs. ABOSOMPEM AND ANOTHER [1973]DLHC2384

Date	1973-01-30
Suit No.
Citation No.	[1973]DLHC2384

HAYFRON-BENJAMIN J.

NIMO FOR THE PLAINTIFF.

AMPIAH FOR THE DEFENDANTS.

[1973]DLHC2384
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >IN RE ACKOM-MENSAH (DECD.); ACKOM-MENSAH<o:p></o:p>&nbsp;vs. <o:p></o:p>ABOSOMPEM AND ANOTHER <o:p></o:p>[HIGH COURT,
ACCRA]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1973]
2 GLR 18<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
30 JANUARY 1973.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

NIMO FOR THE PLAINTIFF.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

HAYFRON-BENJAMIN J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF HAYFRON-BENJAMIN J.<o:p></o:p>It was an
American judge, Chimera J., who said in Avnet v. Avnet 204 Misc. 760, 124
N.Y.S. 2d 517 (Mun. Ct. of N.Y.C. 1953) quoted by Joseph Goldstein and Jay Katz
in The Family and the Law (New York, 1965), p.566 that:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“Ever
since man came to abandon the normadic life, settled in communities and divided
the land so that each had his own property, he began to select his women and
from that day to this, marriage in some form or other has become an honoured
institution bringing with it myriad questions, moral and legal.<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">One would
think that, after so many centuries of marital experience, all of the rights of
the parties to a marriage would have been determined by some judicial tribunal
and that at least the question who is entitled to possession of the household
furniture and effects will have been settled by now, so clearly that many of
the popular misconceptions of the day will have been avoided.”<o:p></o:p><o:p>&nbsp;</o:p>In Ghana
with the proliferation of marriage systems and multiplicity and variety of
tribal laws the confusion with respect to these rights is worse confounded.
There is nothing to prevent a Ghanaian citizen ordinarily subject to customary
law in his personal and property relations,embracing the Mohammedan religion
and marrying another person in the registry under the Marriage Ordinance, Cap.
127 (1951 Rev.). In such a situation the question may well arise whether the
rights, duties and obligations set out in the said Ordinance especially those
relating to succession and the devolution of property on the death intestate of
one spouse are meant to be exhaustive, or whether customary or religious
obligations and rights not in conflict with these provisions can still subsist
and be enforced.<o:p></o:p><o:p>&nbsp;</o:p>In this
case however we are fortunate that we are concerned with the rights arising
under only two systems. The late Mr. Ackom-Mensah, though subject to customary
law, was a devout Christian and one who feared God. His was a Christian
marriage under the Ordinance, and the said marriage was blessed with six
children. He died in the Lord on 20 April 1972 at the Korle Bu Teaching
Hospital of the University of Ghana, Legon, and was survived by his wife and
the said six infant children. Both Ackom-Mensah and his widow are Fantes from
Komenda, a coastal village. In days not long past, Komenda was exclusively a
fishing village, but the establishment of a sugar refinery by an organisation
of which the deceased later became head, has diversified the economic activities
of these villagers considerably. It is enough to note that there are now
several sugar cane plantations and farms in the vicinity of the village, giving
varied employment to persons whose parents were dedicated fishermen.<o:p></o:p><o:p>&nbsp;</o:p>The
deceased it would seem was of very humble birth like many equally distinguished
Ghanaians. His undoubted ability, hard work and integrity enabled him to rise
to the top of his profession. He lectured in accountancy at the University of
Ghana, and at the time of his death was the Chief Executive of the Ghana
Industrial Holding Corporation, a massive industrial and financial complex. Of
his massive knowledge, there can be no doubt. He published learned articles and
books on company law, accountancy and allied subjects. The widow is also very
well educated.<o:p></o:p><o:p>&nbsp;</o:p>