Law, Culture and Women's Inheritance Rights in ... - Leitner Center

[FN117]. Ewe Law, supra note 49, at 280. Traditionally, the eldest son received the entire estate
but Ewes no longer automatically transfer the entire estate to the eldest son.
[FN118]. Id. Court decisions recognize that if an oldest son or daughter is unfit, a younger son
may inherit. Id. at 281 (citing In re E.N. Tamakloe, Unreported, Suit No. 78/44, High Court,
Accra, which found that among the Anlo Ewe, a senior child will lose his inheritance right if
unfit). An only child will automatically inherit an entire estate, as a right. Id. at 281.
[FN119]. Id. at 290. Women traditionally received only a few “feminine” chattels. Id. The Ewe
say “nyonugblede mebiana o,” translated as “palm fruits in the farm of a woman can never
ripen.” Id. In Fietsu v. Fietsu, Unreported, Suit 51/51, Atando Native Court, Hohoe (1951), the
court found that under Ewe customary law a half brother, as a male, had preference over a sister
of the deceased. Id. at 293.
[FN120]. Id. at 286, 294 (explaining that one of the “persisting relics” of Ewe customary law is
that “a daughter, however old she may be, may be postponed to a son, even to a younger
brother”). If a deceased man has more than one wife, and one wife has only female children, then
the female children will inherit in the same manner as children of the other wives, however. Id. at
286.
[FN121]. Id. After the daughter dies, the property becomes inheritable as if the deceased had just
died without children. Id.
[FN122]. Id. at 289. The more senior the child, the greater his share in the inheritance. Id.
[FN123]. Id. at 286. Oppong, supra note 54, at 31. Kludze argues that acknowledgement of
paternity may not even be necessary in matrilineal communities where legitimacy depends on
maternity--which would not be in dispute. Kludze, supra note 41, at 253.
[FN124]. Ewe Law, supra note 49, at 286.
[FN125]. Id.
[FN126]. Id. at 290. If a man dies without children, the next people to inherit his self-acquired
property under customary law would be his father, brothers, possibly sisters--but only for a life
estate--and his brother's children, in that order of priority. Id. at 295.
[FN127]. See Marriage Ordinance, Cap. 127, §§ 10-38; see also Kom, supra note 105, at 62-69
(discussing requirements of Marriage Ordinance). There are a number of formal procedural
requirements set forth in the Ordinance which must be strictly complied with in order to have a
valid marriage under the Ordinance. See Kuenyehia & Ofei-Aboagye, supra note 40, at 28
(alleging that the essential requirements include: agreement by the parties to be married;
celebration of the marriage within certain hours of the day in a place of worship or a Marriage
Registrar's office before two witnesses and evidenced by the signing of a Marriage Certificate; a
Marriage Registrar's certificate issued after certain formalities; and consummation of the