CAROLINE OTOO VS NORA ODOFOLEY OTOO

GAEWU JSC:

This is an appeal by the Plaintiffs/Appellants/Appellants (hereinafter referred to as“the Plaintiffs”) against the judgment of the Court of Appeal, Accra dated 4th day of December 2013 which affirmed the judgment of the High Court, Accra dated the 2nd day of May 2012 in favour of the Defendant/Respondent/ Respondent (hereinafter referred to as “the Defendant”). BACKGROUND On 5th July 1985, H/L A. K. B. Ampiah, J, (as he then was) in a divorce suit in Suit No. D & MC.

49/84 intituled: Mrs. Susana Korkoi Otoo (Petitioner) v. Joseph Kabufio Otoo(Respondent) recorded the day’s proceedings as follows: “Dr. Acheampong for the Petitioner Mingle for the Respondent Hearing: Dr. Acheampong: We have agreed that the Respondent release the property situated at Kotobabi to the Petitioner so that half of the land measuring 82 feet by 180 feet containing the proposed building of the Respondent’s daughter Margaret Otoo which is affected by a judgment of this court be granted to Margaret Otoo.

The Petitioner takes the existing building and its surrounding land.

Both of us agreed that the marriage be dissolved.

The Respondent has agreed to give the Petitioner a total sum of C3, 000. 00 inclusive of costs by way of compensation.

Mr. Mingle: These are agreeable.

Per Curiam: The only issue for the determination is whether or not the marriage was customary or was under the Ordinance”. The Plaintiffs who are some of the children, beneficiaries and administrator/administratrix of the estate of their late mother Susana Korkor Otoo claim against the Defendants who are the executors of the last will and testament of Joseph Kabufio Otoo as follows: ‘1. Declaration of title to that part of the land situated at Kotobabi, Accra on which is sited a building known as H/No C505/13 2. Declaration that the said building was settled on Susana Korkoi Otoo by Joseph Kabufio Otoo, by virtue of an agreement reached by the parties in a divorce Suit No. DMC49/84, and thus forms part of her estate.

3. An order compelling the Defendants to formally convey the aforesaid building to the estate of Susana Korkoi Otoo.

4. Any further or other reliefs.

THE CASE FOR THE PLAINTIFFS It is the case of the Plaintiffs that sometime in the year 1984, their mother, Susana Korkoi Otoo, who had petitioned for the dissolution of her marriage to their father, Joseph Kabufio Otoo, sought as one of the reliefs, the settlement of the property known as H/No. C505/13, Kotobabi, Accra, on her.

The Pla