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NYABILA V. NAYINA

(1987) JELR 65315 (HC)

High Court  •  3 Feb 1987  •  Ghana

Coram
ESSILFIE-BONDZIE J.

Judgement

ESSILFIE-BONDZIE J.: This is an appeal from the judgment of the District Court Grade II, Bolgatanga dated 3 October 1986. In the action before the trial magistrate the respondent (hereafter referred to as the plaintiff) claimed from the appellant (hereafter referred to as the defendant) as follows:

(1). “The plaintiff’s claim against the defendant is for custody of two children, namely (1) Ama Tenkampuwom, and (2) Teni Tenkampuwom whom the defendant is keeping unlawfully and who are aged nine and six years respectively.

(2). The plaintiff’s further claim from the defendant is for ¢20,000 damages for unlawful detention of the said children.”

The brief facts of the plaintiff’s case as appears in the record of appeal is that about seventeen years ago, he approached the father of the woman who is the mother of the two children in dispute for marriage. The father told him the woman was already married. At that time the woman had deserted the husband and was living with the plaintiff. Some ti…

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