IN THE SUPERIOR COURT OF JUDICATURE
IN THE HIGH COURT OF JUSTICE
(COMMERCIAL DIVISION)
ACCRA-GHANA
CONSOLIDATED SUITS:
SUIT NO. GJ/1600/2019
SEINYE LULU-BRIGGS
PLAINTIFF
VERSUS
CHIEF DUMO LULU-BRIGGS DEFENDANT
AND
SUIT NO. GJ/1601/2019
1. · SEINYE LULU-BRIGGS
(Suing for herself and on behalf of
Iyowuna Lulu-Briggs, a minor)
2. SOLATE OVUNDAH-AKAROLO - PLAINTIFFS
3. RACHAEL LULU-BRIGGS
4. DATEIM LULU-BRIGGS
VERSUS
1. DUMO LULU-BRIGGS
2. SENIBO LULU-BRIGGS
3. SOFIRI LULU-BRIGGS - DEFENDANTS
4. ENTERPRISE FUNERAL SERVICES
GHANA LIMITED
5. THE INSPECTOR-GENERAL OF POLICE
SGD. -----------------------------------------------------------------------------------
ORDER FOR THE RELEASE OF THE CORPUS OF
ERIC KYEI BAFFOUR (JA)
HIGH CHIEF (DR.) OLU BENSON LULU-BRIGGS
JUSTICE OF THE COURT OF APPEAL
(SITTING AS ADDITIONAL HIGH COURT JUDGE) -----------------------------------------------------------------------
UPON READING the Affidavit of THOMAS ARTHUR, a Chief
Paralegal at Kimathi & Partners, Corporate Attorneys, of House No.
6 Airport Road, Airport Residential Area, Accra, together with the
Statement of Case, s~om to and filed on the 12th day of July, 2019 in
Support of Motion on Notice for an Order of Interlocutory
Injunction. ·
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AND UPON READING the Affidavit of CHIEF DUMO LULU-
BRIGGS, SENIBO LULU-BRIGGS and SOFIRI LULU-BRIGGS
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igena, together with the Statement of Case, sworn to and filed
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on the 13t day of August, 20 I 9 in opposition to Plaintiffs Motion
on Notice for an Order of Interlocutory Injunction.
AND UPON READING the Affidavit of DUMO LULU-BRIGGS
'
SENIBO LULU-BRIGGS, SOFIRI LULU-BRIGGS, of Nigeria,
together with the Statement of Case, sworn to and filed on the 13th
day of August, 2019 in sqpport of ApplicatiQn for Interlocutory
Injunction.
AND UPON READING the Affidavit of THOMAS ARTHUR, a
Chief Paralegal at Kimathi & Partners, Corporate Attorneys, of
House No. 6 Airport Road, Airport Residential Area, Accra, together
with the Statement of Case, sworn to and filed on the 23 rd day of
December, 2019 in opposition to Defendant's Motion on Notice for
an Order of Interlocutory Injunction.
AND UPON HEARING KIMATHI KUENYEIDA, ESQ. with
REGINALD ODOI, ESQ., PAA LARBI ASARE, ESQ.,
MA WUNYO ADJ AHO, ESQ. and JAMES NKRUMAH ESQ.,
Counsel for and on behalf of the Plaintiff/Applicant/Respondent
herein.
AND UPON HEARING NANA AGYEI BAFFOUR AWUAH,
ESQ. with with MAAME TUTUA DADSON (MRS.) and
BERNICE AMA MORTEY (MS.), Counsel for and on behalf of
the Defendant/Respondent/Applicant herein.
AND THE COURT, having considered the two Applications filed
by both parties, guided by Order 25 rule I of C.1.47, and having
exercised its discretion according to law and the Affidavit evidence,
2
hereby declines the Application of the Plaintiff/Applicant/Wido
s·
· emye Lulu-Briggs, and further orders as follows:
I. That the moral remains of the deceased, High Chief (Dr.) Olu
Benson Lulu-Briggs be released by the 41h Defi d t
en an,
Enterprise Funeral Services Ghana Limited and the Ghana
Police Service, to the family by custom, led by Chief Dumo
Lulu-Briggs, to convey same to Nigeria, for the burial and
funeral rites.
2. That the delegation led by Chief Dumo Lulu-Briggs that will
convey the body of the deceased to Nigeria, should incluqe two
representatives of the Plaintiff/Widow, who should be part of
the delegation that will convey the body to Nigeria.
3. That the family of the deceased, led by Chief Dumo Lulu-
Briggs, will give a binding unconditional undertaking that,
under no circumstance will the family allow or suffer the
Plaintiff/Widow to undergo any cruel, inhumane or barbaric
customary practices in Nigeria, when the body is conveyed.
4. That the family, led by Chief Dumo Lulu-Briggs, will further
undertake that the Plaintiff/Widow will be ably represented in
the burial and funeral preparations, and will be allowed to play
her role as a widow mourning her deceased husband.
IT IS HEREBY FURTHER ORDERED, that the 37 Military
Hospital which conducted an autopsy on the body of the deceased,
High Chief (Dr.) Olu Benson Lulu-Briggs, is to file the autopsy
report at the Registry of the Court within three (3) days upon
service of this Order on the Hospital.
3
IT IS HEREBY FURTHER ORDERED, that the parties are at
I_iberty to procure copies of the autopsy report at the Registry of the
Court.
Ordered accordingly.
GIVEN UNDER MY HAND AND SEAL OF THE HIGH
COURT OF JUSTICE (COMMERCIAL DIVISION),
ACCRA THIS 23RD DAY OF DECEMBER, 2019
SGD.
STEPHEN AFOTEY
. {REGISTRAR)
CERT rFIED T'RUE COP't
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