MARY MACCAULLEY AND PATRICIA QUIST & REJOICE BLANKSON [2000]DLCHRAJ5823

Date	2000-11-08
Suit No.	Our Ref: CHRAJ/234/99/375
Citation No.	[2000]DLCHRAJ5823

C. K. OPOKUH

[2000]DLCHRAJ5823
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B050">MARY MACCAULLEY<o:p></o:p>(COMPLAINANT)<o:p></o:p>AND<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B050">PATRICIA QUIST &amp; REJOICE BLANKSON<o:p></o:p>(RESPONDENTS)<o:p></o:p>(CHRAJ)<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

Our
Ref: CHRAJ/234/99/375&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;08/11/2000<o:p></o:p>

</div>COMMISSIONER:<o:p></o:p>C. K. OPOKUH DEP. CHIEF LEGAL OFFICER FOR:
COMMISSIONER<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">DECISION<o:p></o:p>

</div>On
29th April, 1999, the Commission received a complaint from Madam Mary
Maccaulley, the Complainant herein. She claimed custody of her children from
the 1st and 2nd respondents. She also claimed her and her children's due share
in the estate of Corporal Seth Maccaulley (deceased).<o:p></o:p>The
Complainant alleged that, she was the wife of Corporal Seth Maccaulley who died
in April 1998. They were married for 20 years with 3 children.<o:p></o:p>During
all these years they lived together with their children. Shortly before he
died, his family accused her of being the cause of the husband's ailment. This
resulted in a misunderstanding and the husband asked her to leave the
matrimonial home which she did. The children were left with their father.<o:p></o:p>When
her husband died, the respondents took custody of the children against her
will. They kept tossing them around from boarding schools to Nigeria and back
and forth. They have also rented the deceased's house (self acquired property)
without accounting to anyone.<o:p></o:p>On
their parts, the respondents commented that, their brother and the complainant
had divorced at the time of his death. They want custody of the children in
oder to bring them up properly.<o:p></o:p>Concerning the building in question the
respondents said that, the deceased acquired it jointly with his mother who is
still alive.<o:p></o:p>They
wanted the deceased's survivors benefits paid to them by the Armed Forces so
that they could use it to take care of the children.<o:p></o:p>The
Commission contacted the Armed Forces regarding the survivors benefits. The
Armed Forces commented that, the complainant was not entitled to any benefits
because as at the time of Corporal Seth Maccaulley's death he had removed her
name from his personal record as his wife. The children are however entitled to
survivor's benefit. This one has not been paid because there is a disagreement
between the parties as to who should claim it on the children's behalf.<o:p></o:p>With the above information the Commission
asked the Armed Forces to hold on with the payment until this matter is
determined.<o:p></o:p>The
Commission conducted a series of mediation sessions with the parties. At the
end of the day, the parties could not come to an amiccable settlement regarding
the following:<o:p></o:p><ol style="margin-top:0in" start="1" type="1">
 <li class="MsoNormal" style="text-align: justify; border: none;"><span style="font-size:12.0pt;line-height:115%;
 font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Book Antiqua&quot;;
 mso-bidi-font-family:&quot;Book Antiqua&quot;">whether or not the complainant was
 the wife of Corporal Maccaulley at the time of his death.<o:p></o:p></li>
 <li class="MsoNormal" style="text-align: justify; border: none;">