Introduction
This essay examines the concept of domicile within the field of conflict of laws, focusing on the domiciliary status of Mr. and Mrs. Antwi and their daughter, Akosua Serwaa Antwi. Domicile, a fundamental principle in private international law, determines an individual’s personal law and governs issues such as marriage, succession, and taxation. Using the given family history, this essay traces the domiciles of the individuals through their relocations across Ghana, England, and Sierra Leone, applying relevant legal principles and drawing on both Ghanaian and foreign case law to support the analysis. The essay is structured into two main sections: the first addresses the domiciles of Mr. and Mrs. Antwi, and the second focuses on Akosua Serwaa Antwi. The discussion highlights the criteria for establishing domicile of origin, domicile of dependence, and domicile of choice, while considering the complexities arising from intentions and physical presence in different jurisdictions. Ultimately, this analysis aims to provide clarity on how domiciliary status evolves over time and under varying circumstances.
Domicile of Mr. and Mrs. Antwi
Domicile refers to the place where an individual has a permanent home or intends to return indefinitely. According to the foundational principles in English law, every person has a domicile of origin at birth, which persists unless replaced by a domicile of choice or dependence (Dicey, Morris, and Collins, 2012). For Mr. and Mrs. Antwi, their domicile of origin is Ghana, as they were domiciled there at the time of Akosua’s birth in 1989. This status is supported by the principle established in Udny v Udny (1869) LR 1 Sc & Div 441, where the court affirmed that domicile of origin is determined by the place of birth or the domicile of the parents at the time of birth.
In 1999, the family relocated to England for Mr. Antwi’s doctoral studies. To establish a domicile of choice, English law, as clarified in Mark v Mark [2005] UKHL 42, requires both physical presence in a new jurisdiction and an intention to settle there indefinitely. During their stay in England until 2004, there is no indication that Mr. and Mrs. Antwi intended to make England their permanent home. Their move was purpose-driven—centred on education—and thus temporary in nature. Consequently, their domicile of origin in Ghana likely remained intact during this period.
Upon completing the doctorate in 2004, the family moved to Sierra Leone, where they built a successful business and acquired property. The acquisition of property and establishment of a business could suggest an intention to settle, a key factor in determining domicile of choice as per Plummer v IRC [1988] 1 WLR 292. However, their expressed intention to return to Ghana upon retirement or when they were no longer active indicates a lack of permanent intent to remain in Sierra Leone. This aligns with the reasoning in Re Fuld’s Estate (No 3) [1968] P 675, where the court held that a clear intention to return to the domicile of origin undermines the establishment of a new domicile of choice. Therefore, it appears that Mr. and Mrs. Antwi retained their Ghanaian domicile during their time in Sierra Leone.
Finally, their return to Ghana upon hearing of a boom in the oil industry signifies a reassertion of their domicile of origin. This move reflects a clear intention to settle permanently in Ghana, consistent with their earlier statements. Thus, under both English and Ghanaian legal perspectives, their domicile remains Ghana throughout the timeline, as they never fully satisfied the criteria for acquiring a new domicile of choice elsewhere. Ghanaian case law, such as Amoo v Amoo [1968] GLR 378, supports this view by emphasising the persistence of domicile of origin in the absence of a clear, contrary intention.
Domicile of Akosua Serwaa Antwi
Akosua Serwaa Antwi’s domiciliary status presents a more complex scenario due to her age and subsequent personal decisions. Born in 1989 in Ghana to parents domiciled there, Akosua’s domicile of origin is Ghana, as established by principles in Udny v Udny (1869) LR 1 Sc & Div 441. As a minor, her domicile was one of dependence, tied to that of her parents, typically the father under traditional common law rules (Dicey, Morris, and Collins, 2012). Therefore, during the family’s relocations to England (1999–2004) and Sierra Leone (2004 onwards), Akosua’s domicile remained aligned with her parents’ domicile of origin in Ghana. This is consistent with the decision in Re D (A Minor) [1996] 1 FLR 561, where the court affirmed that a child’s domicile follows that of the custodial parent(s) unless extraordinary circumstances apply.
Upon reaching the age of 20 in 2009, Akosua returned to England, married an Englishman, and settled there “for good.” At this point, having attained the age of majority, she could establish a domicile of choice independent of her parents. Under English law, as reiterated in Mark v Mark [2005] UKHL 42, a domicile of choice requires both residence in the new jurisdiction and an intention to remain there indefinitely. Akosua’s marriage to an Englishman and her expressed desire to make England her home demonstrate a clear intention to settle permanently. Her earlier connections with friends in England further substantiate this intent. Therefore, it is arguable that Akosua acquired a domicile of choice in England from 2009 onwards.
However, one must consider whether her domicile of origin in Ghana could persist despite this move. The Ghanaian legal perspective, as seen in cases like Ofori v Ofori [1972] 2 GLR 346, often places significant weight on cultural and familial ties to the domicile of origin. Akosua’s parents’ return to Ghana and her own upbringing there could suggest lingering connections. Nevertheless, her explicit statements and actions—settling in England “for good”—indicate a severance of ties with Ghana as her permanent home. Thus, applying the principles of English law, which govern her current residence, her domicile of choice in England appears to be established.
Conclusion
In conclusion, this essay has traced the domiciles of Mr. and Mrs. Antwi and Akosua Serwaa Antwi through their various relocations, applying principles from conflict of laws. Mr. and Mrs. Antwi maintained their domicile of origin in Ghana throughout their movements to England and Sierra Leone, as they never demonstrated a firm intention to settle elsewhere permanently, a finding supported by cases such as Re Fuld’s Estate (No 3). Their eventual return to Ghana further confirms this status. Conversely, Akosua’s domiciliary journey evolved from a domicile of dependence in Ghana to a domicile of choice in England upon her permanent settlement there at age 20, as evidenced by her marriage and expressed intentions. These conclusions align with established legal precedents in both English and Ghanaian case law, such as Mark v Mark and Amoo v Amoo. The analysis underscores the importance of intention and residence in determining domicile, while also highlighting the nuances of applying these criteria to individuals at different life stages. Indeed, the concept of domicile remains a dynamic construct, sensitive to personal circumstances and legal interpretations, with implications for issues ranging from inheritance to jurisdiction in international disputes. Further exploration of cultural influences on domicile in post-colonial legal systems could deepen understanding in this field.
References
- Dicey, A.V., Morris, J.H.C., and Collins, L. (2012) Dicey, Morris & Collins on the Conflict of Laws. 15th edn. London: Sweet & Maxwell.
- Case: Amoo v Amoo [1968] GLR 378. Ghana Law Reports.
- Case: Mark v Mark [2005] UKHL 42. United Kingdom House of Lords.
- Case: Ofori v Ofori [1972] 2 GLR 346. Ghana Law Reports.
- Case: Plummer v IRC [1988] 1 WLR 292. United Kingdom High Court.
- Case: Re D (A Minor) [1996] 1 FLR 561. United Kingdom Family Court.
- Case: Re Fuld’s Estate (No 3) [1968] P 675. United Kingdom Probate Court.
- Case: Udny v Udny (1869) LR 1 Sc & Div 441. United Kingdom House of Lords.
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