A recent High Court judgment in Ghana has dismissed a marital status claim by Akosua Serwaah Fosuh, citing lack of credible evidence and procedural errors. The plaintiff had sought recognition of a foreign civil marriage, presenting a German marriage certificate as proof.
The court, led by Her Ladyship Justice Dr. Dorinda Smith Arthur, found the plaintiff’s witnesses to be lacking in credibility, noting significant inconsistencies in their testimony. Key witnesses, including the plaintiff’s lawful attorney and the deceased’s sister, provided contradictory statements under cross-examination.
The judgment highlighted several professional lapses in the handling of the purported German marriage certificate, which was central to the plaintiff’s claim. The court noted that the document was not properly authenticated, and the plaintiff’s legal team failed to comply with Ghana’s Evidence Act, specifically sections 136 and 161, governing foreign document authentication.
The court also emphasized the importance of credible evidence, stating that the plaintiff’s witnesses were evasive and lacked credibility. The judge noted that the plaintiff’s legal team failed to call an expert witness to testify on German marriage law, a requisite under Ghanaian law.
The court’s decision was based on the plaintiff’s failure to discharge her burden of proof, resulting in the dismissal of her claim. The judgment sets a precedent for future cases involving foreign marriages and customary law in Ghana, emphasizing the importance of credible evidence and proper procedure.
The court’s ruling has sparked discussion among legal professionals, with some questioning the grounds for potential appeal. The case highlights the importance of meticulous preparation and adherence to procedural requirements in marital status claims.
The judgment is a testament to Ghana’s commitment to upholding the rule of law and ensuring that justice is served based on credible evidence and proper procedure.