AYINE VRS ABAGNA & ANOTHER (UE/BO/DC/A7/01/2019) [2025] GHADC 33 (30 January 2025)

AYINE VRS ABAGNA & ANOTHER (UE/BO/DC/A7/01/2019) [2025] GHADC 33 (30 January 2025)

The biological father is entitled to custody of the children as it is in their best interest, and the Frafra custom that presumes children born to a married woman are the husband's is repugnant to natural justice, equity, and good conscience. The plaintiff is directed to perform customary rites to seal his paternity, and the 2nd defendant is restrained from interfering.

Citation
[2025] GHADC 33
Parties
Plaintiff: Nyaaba Ayine; 1st Defendant: Elizabeth Anara Abagna (deceased); 2nd Defendant: Mba Atintonbiisigo
Court
District Court
Jurisdiction
Ghana
Judgment Date
30 January 2025
Case Number
UE/BO/DC/A7/01/2019
Procedural Posture
Family Tribunal/court Custody / Final Judgment
Outcome
Custody granted to plaintiff; 2nd defendant restrained; no order as to costs or compensation.
Legal Topics
Child Custody, Best Interests of the Child, Customary Law and Parentage, Parental Rights, Children's Rights
Source Language
English
Family Law Child Welfare Child Custody Best Interests of the Child Customary Law and Parentage Parental Rights Children's Rights

Case Brief

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Parties

Nyaaba Ayine

Plaintiff

Elizabeth Anara Abagna (deceased)

1st Defendant

Mba Atintonbiisigo

2nd Defendant

Procedural Posture

Family Tribunal/court Custody / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff or 2nd defendant should be granted custody of the children
  2. 2 Whether Frafra custom regarding paternity should prevail over biological parentage
  3. 3 Whether compensation is due to the 2nd defendant for care of the children

Ratio Decidendi

The biological father is entitled to custody of the children as it is in their best interest, and the Frafra custom that presumes children born to a married woman are the husband's is repugnant to natural justice, equity, and good conscience. The plaintiff is directed to perform customary rites to seal his paternity, and the 2nd defendant is restrained from interfering.

Court Disposition

Custody granted to plaintiff; 2nd defendant restrained; no order as to costs or compensation.

Orders

  • Custody of the children granted to the plaintiff.
  • Plaintiff to perform necessary customary rites under Frafra custom as demanded by 1st defendant's family.