[1976]DLHC174 • September 1, 1976 • High Court
ABANGANA vs. AKOLOGO
The plaintiff, Abangana, married Abogpoka, a Frafra woman, performing all customary rites. Shortly after, Abogpoka left the plaintiff and went to Accra where she met the defendant, Akologo. They developed a relationship and intended to marry, traveling to Zuarungu to perform customary rites. Upon discovery that Abogpoka was already married to the plaintiff, she was returned to him but soon escaped again to the defendant in Accra. Two children were born from the union between Abogpoka and the defendant. The plaintiff sought the return of his wife and children and damages for seduction and unlawful detention.
read moreJUDGMENT OF EDWARD WIREDU. J. This appeal is from the decision of the Grade ll District Court, Bolga, whereby the court upheld the claim by the plaintiff-respondent (who shall hereafter be referred to simply as the plaintiff) for the return of his lawful wife and two children and damages for seduction against the defendant-appellant (who will also hereafter be referred to simply as the defendant). The action was commenced by the issuing out of that court of a summons in the following form: “PARTICULARS OF CLAIM The plaintiff seeks judicial relief of the lawfully married wife in the person of Abogpoka who was eloped by the defendant while under conception and child, one Apognyakga, whom the defendant is unlawfully detaining without any reasonable cause. The plaintiff further claims damages of ¢100.00 for seduction and unlawful detention of his said wife and child.” The brief facts which seem to have provoked the plaintiff’s action against the defendant may be sta...