November 21, 2024
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appeal concerns Daisy Obiri Yeboahs claims to two Ashalley Botwe properties—House No. 10/399 (Yellow Bus Stop) and Commercial Property No. 965, Block 17—jointly acquired with her late husband, Emmanuel Obiri Yeboah. Daisy married Emmanuel under the Ordinance in 2001, and they built the matrimonial home and a commercial property (E-DOB Enterprise) during their marriage. Daisy left Ghana for the United States in February 2008 and was granted permanent residency. A divorce decree was issued in September 2008 without Daisys participation; Emmanuel married Rhoda Obiri Yeboah in February 2009. The High Court found Daisy remained Emmanuels wife, invalidated Rhodas marriage, awarded Daisy 50% and 40% shares, and ordered valuation. On appeal, the Court of Appeal dismissed all grounds but clarified that Emmanuels share devolves in intestacy under PNDCL 111.
DODOO, JA (MRS)
INTRODUCTION
The Plaintiff/Respondent commenced suit against the Defendant/Appellant at the trial High Court claiming the following reliefs:
i. An order to declare properties H/No. 10/399 Yellow Bus Stop, Ashalley Botwe and No. 965, Block No. 17 Ashalley Botwe as belonging to Plaintiff and the late husband.
ii. An order to evict the Defendant, her assigns, agents and workmen from the said properties.
iii. Perpetual Injunction restraining the Defendant, her assigns, agents and workmen from entering upon the said properties.
iv. Trespass to properties and Damages.
v. Legal fees incurred by Plaintiff in pursuance of the instant suit. (See pages 1 and 2 of the Record of Appeal {ROA})
The Parties in this judgment would retain their original designations as the Plaintiff and the Defendant.
The Plaintiff’s Case
The Plaintiff averred that she got married under the Ordinance to the late Emmanuel Obiri Yeboah on or about 21st April, 2001. It was her case that in 2002, she and her late husband purchased a plot of land at Yellow Bus Stop, Ashalley Botwe and developed this plot into their matrimonial home.
She stated further that out of her earnings gained out of her business, she purchased a plot of land in April of 2003 where the couple put up a commercial property. As her husband was out of the country at the time, she caused this property to be registered in their joint names. She further got the business registered as E-DOB Enterprise.
Due to a misunderstanding between them, she and her husband separated. She later on travelled to the United States where her husband continued to visit her until his death.
She contended that she returned to Ghana to find the Defendant in possession of the properties, hence the instant suit. (see pp. 3-7 of the ROA)
The Defendant’s Case
The Defendant’s version of events (found at pp. 48-50 of the ROA) was that the late Emmanuel Obiri Yeboah divorced the Plaintiff on 12th September 2008. After that, he married her on 2nd February, 2009 at customary law and converted the customary marriage into an ordinance marriage that very day. She stated that there were 3 issues of the marriage and that they had all lived together in their matrimonial home at Ashalley Botwe without any let or hindrance from anyone including the Plaintiff.
She contended that her late husband acquired the parcel of land on which House No. 10/399 at Ashalley Botwe was built long before he met and married the Plaintiff.
She stated furt