FELICIA WOLANYO vs ERIC K. KORMEGBE & ORS
2025
HIGH COURT
CORAM
- HER LADYSHIP JUSTICE PRISCILLA DAPAAH MIREKU (MRS
Areas of Law
- Family Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2025
HIGH COURT
CORAM
AI Generated Summary
The High Court, per Justice Priscilla Dapaah Mireku, adjudicated a dispute between spouses over the Great Assurance Academy School in Omajor, Accra. The Plaintiff, Mary Quarcoo, alleged joint acquisition and non-monetary contributions to the schools construction, while the 1st Defendant claimed sole ownership and sold the school to the 2nd and 3rd Defendants without her consent. Applying the presumption that property acquired during marriage is matrimonial, the court credited the Plaintiffs contributions and found the school also served as the matrimonial home. Under Lands Act 2020 section 47, the court held the sale without written spousal consent wrongful, set it aside, declared the sale invalid, and restrained alienation absent written consent. It further found the 1st Defendant kept the sale proceeds and awarded the Plaintiff GH5,000 damages and GH5,000 costs.
The summary of the case before this Honourable Court is that the Plaintiff the wife of the 1 st Defendant alleges that, her husband, the 1 st Defendant has sold their matrimonial property to the 2 nd and 3 rd Defendants without her knowledge and consent.
The Plaintiff alleges that they jointly acquired the subject matter in dispute in the year 2000 at a consideration of Nine Hundred Ghana Cedis (GH¢900.00) in which the Plaintiff paid Three Hundred Ghana Cedis (GH¢300.00) and the 1 st Defendant paid Six Hundred Ghana Cedis (GH¢600.00).
The subject matter is a school by name Great Assurance Academy School. That the 1 st Defendant after selling the said property has solely pocketed the money from the sale of the school.
The 2 nd Defendant denies the subject matter being a matrimonial property but rather an educational facility and alleges that the purchase of the subject matter is proper.
The 1 st Defendant also alleges that the subject matter is his sole business and has never been matrimonial home. That the Plaintiff has always been in the known of the sale of the subject matter and assisted in the sale of same. That when the school was sold and initial payment made, he gave the Plaintiff Three Thousand, Six Hundred Ghana Cedis (GH¢3,600.00) for accommodation.
That the Plaintiff 's tenancy had elapsed, and the landlord threatened to throw her out of the house. That he also gave Two Thousand, Five Hundred Ghana Cedis (GH¢2,500.00) to one of their children by name Blessed. That he also paid SSNIT arrears of Fifteen Thousand Ghana Cedis (GH¢15,000.00). That the Plaintiff is not entitled to her reliefs and same should be dismissed.
The Writ of Summons and Statement of Claim was filed by the Plaintiff on the 22 nd day of June, 2021 and endorsed on same are the following reliefs;
Declaration that the 1 st Defendant 's purported sale of matrimonial property Great Assurance Academy School, Omajor is wrongful in law.
An Order setting aside the sale of matrimonial property Great Assurance Academy School, Omajor, Accra.
Perpetual injunction against the Defendants, privies, assigns, heirs, workmen from or anyone claiming through from alienating, selling occupying or dealing in any way with the property.
General damages.
Cost including legal cost.
Even though the 2 nd Defendant also filed a Defence and Counterclaim, she failed to file her witness statement or participate in the hearing of the suit even though she had notice of same. The 3 rd D