CYNTHIA DIABUO (NEE CYNTHIA A. ARTHUR BANKS) v. DAVID KWAKU BANKS
2015
COURT OF APPEAL
GHANA
CORAM
- KANYOKE, J. A (PRESIDING)
- HONYENUGA, J.A.
- TORKORNOO, J. A.
Areas of Law
- Family Law
- Property and Real Estate Law
- Civil Procedure
- Constitutional Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case revolves around the contested ownership of a house in Accra, following the marriage and subsequent divorce of the plaintiff and defendant in the USA. The plaintiff claimed joint ownership based on her substantial financial contribution towards the house. The trial court ruled in her favor, a decision which the defendant appealed. The appellate court, however, upheld the trial court's decision, emphasizing the substantial contributions made by the plaintiff and dismissing additional grounds of appeal due to procedural lapses. The principles of equitable distribution under the 1992 Constitution guided the final decision.
TORKORNOO, J. A:
This is an appeal against a declaration that the plaintiff respondent is the joint owner of House No 17 Dome Pillar 2, Accra, which defendant appellant claimed as his sole property.
The parties were married in the USA, cohabited in the USA and got divorced in the USA in 2005.
Both of them were remarried by 2007 when the Respondent commenced this action in the High Court.
After stating in her Statement of Claim that she had contributed to the development of the house in issue, the Respondent sought the following reliefs:
1. A declaration that both Plaintiff and Defendant are the joint owners of house number 17, Dome Pillar 2, Dome Accra together with all the household chattels including the four saloon vehicles.
2. An order that the Plaintiff is entitled to half of the present market value of house No. 7 Dome Pillar 2, Dome Accra as well as half of the household chattels and the four saloon vehicles therein.
3. (a) An order for a valuation of the aforesaid house and the household chattels and the four saloon vehicles thereon for a refund of half of the market value thereof by the Defendant to the Plaintiff or vice versa.
(b) An order for a valuation and sale of the aforesaid house together with the household chattels and the four saloon vehicles therein and the proceeds shared equity between the Plaintiff and the Defendant.
4. An order for the immediate release of the personal effects of the Plaintiff in the aforesaid house by the Defendant to the Plaintiff.
5. Any other reliefs that the Honourable Court may deem fit.
6. Cost.
In his judgment, the learned trial judge made the following finding at page 14 of his judgment found on page 129 of the Record of Appeal (ROA)
“From the evidence available I find the Plaintiff expended her income and resources on the acquisition of the disputed house. Her contribution was by all accounts substantial and it would be unjust and inequitable to allow the Defendant to claim the exclusive beneficial interest in the property. Accordingly, it is declared that the Plaintiff and the Defendant are the joint owner of House No.17, Dome Pillar 2 Accra, together with all the household items”.
The Appellant appealed against the judgment on the omnibus ground that the judgment is against the weight of evidence.
On 23rd February 2015, the same date that he filed his written submissions in this case, Appellant counsel also filed the following additional grounds of appeal.
GROUNDS OF APPEAL
1. Tha