MBOBA VRS ADUGBIRE (UE/BG/HC1/C12/11/2024) [2024] GHAHC 375 (16 August 2024)
The Plaintiffs failed to prove, on the preponderance of probabilities, that there was a valid customary divorce between Beatrice Ali Amoah and Samuel Aduko. The evidence did not establish that the required Frafra customary procedures for divorce were followed. Therefore, Beatrice Ali Amoah remained a member of the Adogma-Aduko family at her death, and the Defendants are entitled to her body for burial.
- Citation
- MBOBA VRS ADUGBIRE (UE/BG/HC1/C12/11/2024) [2024] GHAHC 375 (16 August 2024)
- Parties
- Plaintiff: Ageemi Mboba; Plaintiff: Baba Aforisiya-Amoah; Defendant: Adugbire Aduko; Defendant: Betina Aduko; Defendant: Jeffrey Mbroh
- Court
- ghahc
- Jurisdiction
- Ghana
- Judgment Date
- 16 August 2024
- Procedural Posture
- Civil / Final Judgment
- Outcome
- Plaintiffs' claim dismissed; Defendants entitled to bury the body of Beatrice Ali Amoah.
- Legal Topics
- Burial Rights, Customary Divorce, Marriage Validity, Proof in Civil Cases
- Source Language
- eng
Case Brief
Summary, issues, holding and outcome
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Parties
Ageemi Mboba
Plaintiff
Baba Aforisiya-Amoah
Plaintiff
Adugbire Aduko
Defendant
Betina Aduko
Defendant
Jeffrey Mbroh
Defendant
Procedural Posture
Civil / Final Judgment
Legal Issues
- 1 Whether the late Beatrice Ali Amoah was validly divorced in custom from the 1st Defendant’s family after the death of her husband Samuel Aduko
- 2 Whether the late Beatrice Ali Amoah was later validly remarried in custom to John Mensah and became a member of his family
- 3 Whether the late Beatrice Ali Amoah was customarily divorced from John Mensah and reverted to her father’s family
Ratio Decidendi
The Plaintiffs failed to prove, on the preponderance of probabilities, that there was a valid customary divorce between Beatrice Ali Amoah and Samuel Aduko. The evidence did not establish that the required Frafra customary procedures for divorce were followed. Therefore, Beatrice Ali Amoah remained a member of the Adogma-Aduko family at her death, and the Defendants are entitled to her body for burial.
Court Disposition
Plaintiffs' claim dismissed; Defendants entitled to bury the body of Beatrice Ali Amoah.
Orders
- Plaintiffs' claim is dismissed as not proved.
- Defendants are at liberty to perform the burial and funeral rites of the late Beatrice Ali Amoah.
Full Case Text
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