A widow is asking the Accra High Court to stop a family head from denying her access to her late husband’s home, following his death.
A writ filed by DianahAsafuAdjei, the widow, and plaintiff, against AbusuapayinOsei Tutu of Daaban, Kumasi, is requesting the court’s assistance to allow her to participate in the funeral rites of her late husband, Elvis AsafuAdjeiBoamah, also known as Osei Kwame Asaf.
The widow is also requesting the court to order AbusuapayinOsei Tutu, the defendant, to leave her matrimonial home and grant her uninterrupted access, as a surviving spouse married to Asaffor over 50 years.
Ms Adjei is seeking a permanent injunction to prevent the defendant from interfering with her occupation of the house, performing her widow rites, and treating her in a way that may undermine her interests as the Asaf’swidow.
She is additionally requesting the court to award damages for trespass and wrongful conduct, as well as costs, including legal fees.
The widow expressed concern that the defendant may go ahead with organising the final funeral rites for her late husband on or around September 29, 2024.
Ms Adjei contended that the defendant could also obstruct her from performing the widowhood rites for Asafand deny her the “right to a share of the estate of the deceased,” which is the basis for her application.
In her statement of case and supporting affidavit, she stated that the defendant “has thrown her out” of her matrimonial home in Adjiriganor, East Legon.
Additionally, Ms Adjei stated that the defendant had informed her that, “he does not need her at the funeral rites of the deceased.”
The widow asserted that the defendant was preventing her from performing widowhood rites because “she was not married to Asafat the time of his death.”
She argued that if she was not allowed to carry out these rites it would cause her irreparable harm, as it would prevent her from accessing the estate of Asaf, a portion of which she believedwas her right under the Constitution of the Republic of Ghana.
Ms Adjei stated that she would provide the court with relevant evidence to show that at the time of her husband’s death, “we had been married for over 50 years without any interruption,” and that the defendant/respondent was merely an intruder who must be legally restrained. —GNA
