The High Court in Kumasi has delivered a judgment on a marital‑status dispute, earning praise for its rigorous application of Ghanaian evidence law and its balanced handling of both statutory and customary marriage claims.
The case centered on a plaintiff who sought recognition of a foreign civil marriage, presenting a German marriage certificate as proof of a monogamous union. Under Ghana’s Evidence Act, specifically section 161, foreign documents must undergo strict authentication to be admissible. The court found the submitted certificate lacking the required certification, rendering it inadmissible as evidence of a valid civil marriage.
In her evaluation, Judge emphasized the plaintiff’s burden of proof and meticulously examined each piece of documentation against the statutory requirements. The judge noted material contradictions within the plaintiff’s own exhibits, which further weakened the claim of a legally recognized foreign marriage.
At the same time, the court gave due consideration to evidence of a customary marriage between the deceased and the defendant (D2), including long‑term cohabitation and public recognition of the relationship. The judge applied Ghanaian customary law appropriately, acknowledging the validity of the customary union where uncontested.
The ruling highlighted the court’s commitment to fairness and balance. It neither over‑valued informal cohabitation nor dismissed the plaintiff’s right to prove her case. Instead, the decision rested on strict adherence to evidentiary standards and legal precedent, ensuring no party received an unfair advantage.
Legal experts describe the judgment as a model of methodical judicial reasoning, reinforcing the importance of proper documentation and authentication in cases involving foreign marriages and customary law in Ghana. The verdict is expected to guide future cases requiring the proof of marital status under both statutory and customary frameworks.