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

[FN261]. Interview with Justices Georgina Wood, Suleiman Gbadegbe, and Dixon Kwame
Afreh, Court of Appeal, Accra (June 12, 2001).
[FN262]. The Children's Act, Act 560 (1998), § 121.
[FN263]. Interview with Chief Dasebre Osei Bonsu II, Omanhene of Mampong Ashanti,
Regional House of Chiefs, Kumasi (June 8, 2001).
[FN264]. See, e.g., Interview with High Court Justice Richard Apaloo, Accra (June 12, 2001)
(“when we let chiefs register, we create problems.” ‘Our chiefs have tendencies to exact fees....
no matter what they do ... You know, you have to send Schnapps.‘ “The moment you bring
chiefs in you tend to enlarge the powers of chiefs. Chiefs can arrogantly refuse to conduct
marriages” --either for failing to pay enough or for whatever other reason they may decide). But
see Interview with Justice S.A. Brobbey, Court of Appeal, Accra (June 11, 2001) (supporting the
idea of having local registration of marriages with chiefs and queenmothers as a “very good
suggestion”).
[FN265]. [1992] 2 Ghana L. Rep. 180.
[FN266]. Id. at 186-88.
[FN267]. See Interview with High Court Justice Georgina Wood, Accra (June 12, 2001).
[FN268]. We are not recommending a rule that would potentially convert all concubinages into
customary law marriages. Such a change would meet with great resistance by many in Ghana.
See, e.g., Interview with Christian Council, Accra (June 14, 2001); Interview with Professor
H.J.A.N. Mensa-Bonsu, Law Faculty, University of Ghana, Legon (June 14, 2001) (noting that
this would undermine the institution of marriage and that families would not accept common law
marriages). But see Interview with Angela Dwamena-Aboagye, ARK Foundation, Accra (June
11, 2001) (commenting that common law marriages should be recognized because men decide
when to marry; “women cannot negotiate”); Interview with Justice Henry Kwofie, Circuit Court,
Takoradi (June 7, 2001) (approving of idea of common law marriage where woman lived with
the man for 10 to 15 years working as a wife); Interview with Circuit Court Justice Assan,
Kumasi (June 7, 2001) (noting that without common law marriage, women suffer injustice and
there is no remedy and stating that there should be a way to amend the law to accommodate
those who have lived together for a long time, had children together, are still together upon man's
death, and where the public recognizes them as married); Interview with High Court Justice
Mariama Owusu, Kumasi (June 7, 2001) (supporting legislation on common law marriage).
Rather, amending the law as suggested would simply conform the statute to existing case law.
[FN269]. Intestate Succession Law, P.N.D.C. L. 111 (1985) (Ghana), § 1(2) (expressly excluding
family property from the reach of the law).
[FN270]. Id. § 18 (defining estate as limited to the self-acquired property of the intestate).
[FN271]. Interview with High Court Justice Samuel Kwadwo Asiamah, Sekondi (June 5, 2001);