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Recent Reforms in Ghana's Family Law

Published online by Cambridge University Press:  28 July 2009

W. C. Ekow Daniels
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Extract

On 14 June, 1985, the Provisional National Defence Council of Ghana promulgated a series of laws designed to give better security for widows and their children, provide an effective machinery for the registration of customary marriage and divorce and render heads of family statutorily accountable to their members. They are: Intestate Succession Law, Customary Marriage and Divorce Registration Law and Head of Family (Accountability) Law. There is no doubt that the enactment of these laws marks a significant turning point and a new concept of family property law, even though the impact of the laws is yet to permeate into the social fabric of the Ghanaian community as a whole.

Type
Research Article
Information
Journal of African Law , Volume 31 , Issue 1-2: Essays in Honour of A. N. Allott , Spring 1987 , pp. 93 - 106
Copyright
Copyright © School of Oriental and African Studies 1987

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References

1 P.N.D.C. Laws 111, 112, 114, 1985.

2 Ashanti Law and Constitution, London, 1929, 2.Google Scholar

3 Ollenu, N. A.: The Law of Testate and Intestate Succession in Ghana, London, 1966, 71.Google Scholar

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7 22 & 23 Ch. 2., c. 10. The Marriage Ordinance (Cap. 127), s. 48 is now repealed by the new Intestate Succession Law. See also Coleman v. Shang [1959] G.L.R. 390.Google Scholar

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11 Marriage, Divorce and Inheritance Bill published in Accra by the Government Printer on 9 05, 1962.Google Scholar

12 [1965] G.L.R. 138.Google Scholar

13 Ibid., 145.

14 Nevertheless, s. 21 makes it possible for the courts to apply the provisions of the Law in the settlement of claims in respect of the distribution of the estate of an intestate pending before the commencement of the Law.

15 Wills Act, s. 13.

15a Allott, A. N. (ed.), Record of the Proceedings of the London Conference on the Future of Law in Africa, London, 1960, 45.Google Scholar

16 Marriage of Mohammedans Ordinance, Cap. 129 (1951 Rev.).

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25 It is also in fulfilment of the Christian saying that “What God has joined together let no man put asunder”.

26 P.N.D.C. Law 112, ss. 6–8.

27 A report in the weekly magazine The Mirror of 11 01, 1986 is apposite:Google Scholar “From June last year when the Customary Marriage and Divorce Registration law was promulgated by the P.N.D.C. till November forms for the registration of such marriages were not available“. “Another strong factor debarring people” wrote a correspondent in the People's Daily Graphic, 23 04, 1987,Google Scholar “is the payment of a registration fee of ₡1,000·00 which is too high, considering the numerous marriages expected to be registered”.

28 Fanti Customary Laws, 3rd ed., London, 1968, 90.Google Scholar

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30 Sec e.g. Ollennu, N. A.: Principles of Customary Land Law in Ghana, London, 1962, 37;Google ScholarBentsi-Enchill, : Ghana land Law, An Exposition, Analysis and Critique, London, 1964, 101;Google ScholarCrabbe, Azu: John Mensah Sarbah, Accra, 1971, 85Google Scholar and Kludze, : Ewe Law of Property (Restatement of African Law; Ghana I), London, 1973, 97.Google ScholarBut see Woodman, : “The rationale of the head of family's immunity to actions for account” (1976) 8 R.G.L. 147.Google Scholar

31 Ghana Law Reports Digest, 1981, para. 82, Court of Appeal.Google Scholar