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IN RE MARKHAM (DECD); MARKHAM V. AFEKU IV AND OTHERS

(1987) JELR 65058 (CA)

Court of Appeal  •  29 Jan 1987  •  Ghana

Coram
ABBAN JA,WUAKU JA,AMUA-SEKYI J.A.

Judgement

AMUA-SEKYI J.A.: This is an appeal from the judgment of Ansah-Twum J. sitting in the High Court, Accra refusing an application by originating summons made on behalf of the plaintiff, Joyce Markham (neé Flemister), to be declared the lawful widow of James Markhan, deceased, and a person entitled to benefit from his estate under the Intestate Succession Law, 1985 (PNDCL 111). Togbe Amegashie Afeku IV, the first defendant, is the head of family of the deceased, and Phyllis Markham (neé Aidoo), the fourth defendant, is a person held out by the family as the lawful widow of the deceased.

The facts are these: James Markham married Joyce Markham in Accra on 17 September 1955 under the Marriage Ordinance, Cap 127 (1951 Rev). In 1967 Joyce filed a petition for divorce on the ground of cruelty. The suit was undefended. On 26 January 1968 the High Court presided over by Campbell J. granted a decree nisi to be made absolute in three weeks. The petitioner was granted custody of the three children. …

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