R U L I N G
Per the Writ of Summons and Statement of Claim filed on 5th October, 2018, the Plaintiffs seek the following reliefs against the Defendant:
i. An order that the signature of Desmond Addo Biney as appears on the marriage certificate or form of register of customary marriage is not the signature of the deceased and therefore fraudulent.
ii. An order annulling the said marriage certificate.
iii. An order of perpetual injunction restraining the Defendant from holding out as the wife of Desmond Addo Biney (deceased).
iv. Any other reliefs as occasioned by the suit.
The gravamen of the Plaintiffs’ claim is contained paragraphs 3 to 10 of the Plaintiff’s Statement of Claim.
The Defendant, upon service on him of the Writ and Statement of Claim, entered conditional appearance on 12th October, 2018 and filed a motion on notice to dismiss the Plaintiffs’ suit pursuant to Order 11 Rule 18 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) and the inherent jurisdiction of t…