Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

JOHN WILLIAM MENSAH v. GRACE MENSAH

1998

SUPREME COURT

GHANA

CORAM

  • Mrs. Bamford-Addo, J.S.C. (Presiding)
  • Hayfron-Benjamin, J.S.C.
  • Acquah, J.S.C.
  • Atuguba, J.S.C.
  • Ms. Akuffo, J.S.C

Areas of Law

  • Family Law
  • Property and Real Estate Law
  • Equity and Trusts

AI Generated Summary

The Supreme Court of Ghana, per Mrs. J. Bamford-Addo J.S.C., reviewed a matrimonial property dispute arising from the dissolution of a marriage between a husband (Appellant) and wife (Respondent). Both sought ownership of House No. M9, South Effiakuma Estate, Takoradi. After Isaac Amuah J dissolved the marriage and Essilfie-Bonzi J declared the wife sole owner, the Court of Appeal partly allowed the husband’s appeal, finding joint ownership of the main house but awarding the extensions solely to the wife. On further appeal, the Supreme Court held that the dispute concerned a single house and rejected the separability of the extensions, finding evidence of the husband’s contributions and a shared marital intention to expand the home for family use. Applying equitable sharing principles, Act 367 s.20 and Article 22(3), the Court declared the entire property (main house plus extensions) jointly owned and ordered valuation and sale with equal division of proceeds, granting the Respondent first option to purchase.

JUDGMENT