The High Court in Accra (General Jurisdiction), presided over by Justice Rebecca Sittie, has dismissed an application for interlocutory injunction against the family of the late Lillian Dedjoe, a mother of four alleged to have been murdered by her husband.
Prince Dedjoe, who is in lawful custody over the murder and the applicant, in this case, was praying the court to restrain the family from burying his late wife in his absence.
Prince Dedjoe, a business executive, is said to have on March 1, this year assaulted the wife which led to her death on March 8.
Ruling on the application on Tuesday, June 15, the court said, the defendants (family of the late Lillian) have a right to bury their loved one as the corpse of the deceased belongs to the extended family.
The court also ruled that the scale of inconvenience lies heavily on the family if the deceased is not buried as planned.
Justice Sittie said, the authority of what to do with the corpse is vested absolutely on the wife’s family and that, it is the duty of the extended family to give the deceased a befitting burial as the plaintiff’s presence does not prove anything.
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The court consequently dismissed the interlocutory injunction application and said the family can, therefore, go ahead with preparations to bury the deceased.
Plaintiff’s argument
Lawyer Charles Ofori holding a brief for Nkrabea Effah-Darteh, per their argument, said the defendant (head of the family) had accused him wrongly and as a result had caused him so much pain and bad publicity with his supposed accusations.
According to the Plaintiff, his wife died of head injury and not from the slap as the father had told the public.
Counsel said Plaintiff believes he owes his late wife, a duty to bury her and that once his wife is buried without him it will send a wrong signal.
Defendants’ response
Afua Eyeson, counsel for the plaintiff, opposed the application and argued that Plaintiff has no right over the deceased’s body.
According to counsel, the plaintiff is still in police custody and no one knows if he will be granted bail.
She said Plaintiff has no right to hold the family back as they continue to endure hardship over the loss of their child.
In a related development, the Madina District Court has ordered the Cyber Crime Unit of the Ghana Police Service to unlock the phone of the accused and the late wife to ascertain communication that ensued between them prior to the death of late Lillian.
That case at Madina has been adjourned to June 18.