The case of Acheampong v Acheampong [1967] GLR 34 was a civil suit filed by a woman who was married to a man under customary law, and later discovered that he had married another woman under the Marriage Ordinance, Cap. 127 (1951 Rev.). She claimed damages for breach of promise to marry under the Ordinance, and also sought a declaration that the second marriage was null and void. The defendant raised a preliminary objection that such an action could not be maintained by a spouse to a customary marriage, while that marriage subsists.
The High Court, presided by Amissah J., overruled the objection and held that a spouse to a customary marriage could sue the other spouse for breach of promise to marry under the Ordinance, as long as the customary marriage was not validly dissolved. The court also held that the second marriage under the Ordinance was invalid, as it contravened section 35 of the Ordinance, which prohibits bigamy.
The relevance of this case is that it established the principle that a customary marriage is not inferior to a statutory marriage, and that both types of marriages are equally recognized and protected by the law. It also affirmed the right of a spouse to a customary marriage to seek redress for any injury caused by the other spouse’s breach of promise to marry under the Ordinance.
(1) Acheampongvs – case of acheampong v acheampong – ACHEAMPONG … – Studocu. https://www.studocu.com/row/document/ghana-institute-of-management-and-public-administration/legal-writing/acheampongvs-case-of-acheampong-v-acheampong/49569563.
(2) ACHEAMPONG V. ACHEAMPONG | HIGH COURT | GHANA | 30 JAN 1967 | (1967 …. https://lite.judy.legal/amp/case/acheampong-v-acheampong-28693.
(3) Acheampong Vrs Yaa (Subsituted for Araba Adawoma) and Others … – GHALII. https://old.ghalii.org/gh/judgment/supreme-court/2020/34.
Law Author 