NANA NUFASEI ALIAS FAUSTINA AMPONSAH vs. JOHN HAMMOND AND 2 OTHERS [2014]DLCA5465

Date	2014-07-16
Suit No.	CIVIL APPEAL NO. HI/25/14
Citation No.	[2014]DLCA5465

C. J. HONYENUGA J.A. (PRESIDING)

D. D. ADJEI J.A.

B. F. ACKAH-YENSU (MS) J.A.

MR. KWASI AFRIFA ESQ. FOR THE DEFENDANTS/APPELLANTS

MR. GUSTAV ADDINGTON ESQ. FOR THE PLAINTIFF/REPONDENT

[2014]DLCA5465
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													<main id="main" class="content" style="min-height: 60rem" >NANA NUFASEI ALIAS FAUSTINA AMPONSAH<o:p></o:p>(PLAINTIFF/RESPONDENT)<o:p></o:p>vs.<o:p></o:p>JOHN HAMMOND AND 2 OTHERS<o:p></o:p>(DEFENDANTS/APPELLANTS)<o:p></o:p>[COURT
OF APPEAL, CAPE COAST]<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">

CIVIL
APPEAL NO. HI/25/14&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; 16TH JULY, 2014<o:p></o:p>

<p class="MsoNormalCxSpMiddle" align="center" style="text-align:center;line-height:
115%;border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>HONYENUGA, J.A.<o:p></o:p>This appeal
by the defendants/appellants is against the judgment of the High Court, Cape
Coast dated 10th October 2013. The said judgment upheld the plaintiff/respondent’s
claim.<o:p></o:p><o:p>&nbsp;</o:p>The facts
of this appeal are that the deceased George Hammond was the brother of the full
blood of the 1st and 2nd defendants/appellants, unlike
the 3rd defendant/appellant who is the son of the deceased. The
deceased left the shores of Ghana in 1964 and permanently resided in the United
Kingdom until he died at the age of 75 years. The deceased visited Ghana only
once in 2003. The plaintiff/appellant who is a sub-chief met George Hammond in
London in 1989 and thereafter, both entered into a relationship which later led
to a customary marriage between them in 1997. Both the plaintiff/appellant and
George Hammond cohabited at No.10 Crusoe Road, Mitcham Surrey CRA 3 LG London
from 1997 until the deceased fell ill in 2010 and was brought to Ghana where he
died in August 2010. The relationship was blessed with a child named George
Hammond (Jnr.) who later died at the age of 31/2 years. After the death of
George Hammond (deceased) the defendants/appellants including some other family
members would not allow the plaintiff/respondent to participate in her late
husband’s funeral rites as demanded by custom. Aggrieved by the action of the
deceased’s family, the plaintiff/appellant commenced an action at the Circuit
Court, Swedru claiming among others that she was the lawful wife of the
deceased. The plaintiff/appellant obtained an ex-parte injunction order to
restrain the defendants/appellants but the matter was settled out of court. Despite
the settlement, the defendants/appellants refused her participation in the
funeral and the plaintiff/respondent discontinued the Circuit Court action and
filed the instant writ of summons which was accompanied by a statement of claim
which was later amended and claimed as follows:-<o:p></o:p>“(i)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; A declaration that the
plaintiff is the lawful wife of George Kwesi Amuakwa Hammond (deceased) late of
Breman Asikuma.<o:p></o:p>(ii)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; A declaration that under
Akan custom the plaintiff by virtue of her position as the deceased’s lawful
wife is entitled to participate fully in the performance of the funeral of her
deceased husband.<o:p></o:p>(iii)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; An order compelling the
defendants and their Asona royal family of Breman Asikuma to permit the
plaintiff to participate fully in the funeral of the deceased aforementioned.<o:p></o:p>(iv)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; An order for the enforcement
of the terms of settlement which was agreed between the defendants and the
plaintiff acting per her previous Solicitor – by which agreement the defendants
recognized the plaintiff as the lawful wife of the deceased aforementioned.<o:p></o:p>(v)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; An order of perpetual
injunction to restrain the defendants, their agents, members of their Asona
royal family or any person or persons lawfully claiming through them from
burying the body of the deceased or performing his funeral without the
participation of the plaintiff.<o:p></o:p>(vi)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; An order of perpetual
injunction to restrain the defendants, their agents, members of Asona royal
family or any person or persons lawfully claiming through them from interfering
with the estate of the deceased pending the final determination of this suit”.<o:p></o:p>The
defendants/appellants filed a Statement of Defence and denied the
plaintiff/respondent’s claim. They then filed a counterclaim as follows:-<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; “COUNTERCLAIM<o:p></o:p>The
defendants repeat paragraphs 1-9 of the Statement of Defence and Counterclaim as
follows:-<o:p></o:p>A.