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
1998
SUPREME COURT
GHANA
CORAM
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.
MRS. J. BAMFORD-ADDO J.S.C.:
This is an appeal from the judgment of the Court of Appeal dated 25th March, 1993 in respect of a divorce petition which was filed by the husband (Appellant) for
1. The dissolution of his marriage to wife Respondent.
2. Custody of the children of the marriage and
3. That the Appellant be declared the owner of House No. M9 South Effiakuma Estate Takoradi.
The Respondent wife cross petitioned for dissolution of the marriage, custody of the children and a declaration that she is the owner of House No. M9 South Effiakuma Estate Takoradi among other reliefs.
On the 22nd December 1986 Isaac Amuah J (as he then was) who heard the case found that the marriage had broken down beyond repair he, dissolved the marriage and adjourned the case for the hearing of the ancillary reliefs.
Essilfie-Bonzi J. as he then was tried the ancillary relief issues and after hearing evidence gave judgment on 18th June 1990 for Respondent holding that she was the sole owner of House No. M9 South Effiakuma Estates Takoradi and declared,
“ I therefore make a declaration of ownership of the said house in her favour. The Petitioner’s claim is dismissed and judgment is given in favour of the Respondent on her counter-claim in the cross-Petition.”
Dissatisfied with this decision the Appellant appealed to the Court of Appeal which court heard the appeal and gave judgment on the 25th March 1993, allowing the appeal in part and setting aside that part of the judgment of the court below. The Court of Appeal having found that “this house belonged jointly to the petitioner and the respondent”, went on to decide how the house was to be shared and held that the extension was funded solely by the Respondent and declared her the sole owner of the extensions.:
The Petitioner appealed against this particular decision of the Court of Appeal on the following grounds namely:
1. The Court of Appeal having rightly held that the “ intention to own the house jointly, coupled with whatever contributions the Petitioner had made towards the acquisition of the house made the parties joint owners of the property” erred when it held that the extensions are separable and identifiable from the main house.
2. That the Court of Appeal similarly erred when it held that “it would be in the circumstances be inequitable to vest these extensions jointly in the petitioner and respondent” because according to Appellant:
a. there was evidence admitted by both parties that the exten