Coleman v Shang

Facts

A man subject to customary law married under the Marriage Ordinance and later died. The contest was whether customary law could still apply to his estate and his family.

Issue

Does an ordinance marriage end a person's subjection to customary law?

Held

The Ghana Court of Appeal held it does not. Customary law continues, except where a statute specifically excludes it.

Principle

The excluding statute must be specific. Manner of life after the marriage may matter to the construction. Status of the children follows the marriage. Their personal law does not remain fixed.

Why it matters

The case Smart tells Sierra Leone lawyers to follow. Section 26 and the Matrimonial Causes Act are the local excluding statutes, and they exclude in opposite directions.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.