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

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[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);
Interview with High Court Justice Mariama Owusu, Kumasi (June 7, 2001); Interview with Justice Henry Kwofie, Circuit Court, Takoradi (June 7, 2001); Interview with Mrs. Patience Diaba, SNV/WiLDAF Legal Awareness Program, Takoradi (June 8, 2001). [FN272]. Interview with High Court Justice Mariama Owusu, Kumasi (June 7, 2001). [FN273]. Id. [FN274]. Justice Owusu dismissed the case and awarded costs against the sister. See id. [FN275]. Interview with High Court Justice Samuel Kwadwo Asiamah, Sekondi (June 5, 2001); Interview with High Court Justice Mariama Owusu, Kumasi (June 7, 2001); Interview with Circuit Court Justice Assan, Kumasi (June 7, 2001); Interview with High Court Justice Quaye, Kumasi (June 7, 2001). [FN276]. Interview with High Court Justice Quaye, Kumasi (June 7, 2001). [FN277]. See id. [FN278]. Interview with High Court Justice Samuel Kwadwo Asiamah, Sekondi (June 5, 2001). [FN279]. Id. [FN280]. Kuenyehia & Ofei-Aboagye, supra note 40, at 33 (explaining that many women make substantial contributions which are often undocumented). [FN281]. Id. [FN282]. See Akua Kuenyehia, Distribution of Matrimonial Property on Dissolution of Marriage: A Re-Appraisal, 18 U. Ghana L.J. 94, 108 (1990-91) (describing suggestion of a community property regime in Ghana as “radical”). [FN283]. See id. at 95. [FN284]. Interview with Mr. Kwaku Frimpong, Director, Legal Aid Board, Ashanti Region, Kumasi (June 5, 2001); Rosaline Obeng-Ofori, Actionaid, Accra (June 4, 2001). [FN285]. See Interview with Angela Dwamena-Aboagye, ARK Foundation, and Ms. Bernice Baiden, Commonwealth Human Rights Initiative, Accra (June 11, 2001). [FN286]. See Interview with Mrs. Cecilia Ackah, Client of SNV/WiLDAF Legal Awareness Programme, Takoradi (June 7, 2001). [FN287]. Id. [FN288]. Her husband did not have a will and they did not discuss wills. “When he was alive he
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FOR EDUCATIONAL USE ONLY 25 Fordham
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Gloria Ofori-Boadu, Executive Direc
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largely excluded spouses. [FN35] Th
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Nevertheless, despite this relation
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the estate assumed by the customary
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B. Constitutional and Statutory Law
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children; [FN166] (c) one-eighth to
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* * * * * The changes the Intestate
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elations that often exist among wid
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Where the intestate is survived eit
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collect and, because he has no chil
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husband's family denies her status.
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assistance was only minimal, the pr
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Ms. Mercy Dixon, who we met in Kpan
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above, her husband's family delayed
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media programs on television and ra
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Ms. Akyere and Ms. Eshon represent
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Notwithstanding the significant wor
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