JULIANA AMOAKOHENE v. EMMANUEL K. AMOAKOHENE

A.M. DORDZIE (MRS.) JSC

FACTS

The parties are a couple who married customarily in 1988. They were

they formalized the relationship in a civil marriage ceremony in the

United States of America. (This is borne out by exhibit one the marriage

certificate) In the course of the marriage, they acquired two landed

properties in Kumasi. The said properties are No. 23 Block ‘D’ AdiebebaKumasi, (which will be describe as property ‘A’) and Plot 1 Block C

Kagyase Abuakwa, (which will be described as property ‘B’).

In or about the year 2011, the relationship between the parties grew

sour, the customary marriage was dissolved as a result in that year and

the civil marriage was later dissolved in the USA on 20 January 2015 the

divorce certificate is part of the record before us.

After the dissolution of the customary marriage, the properties

described above became subject matter of litigation between the

parties.

The plaintiff / respondent / respondent herein initiated the litigation

when he took out a writ in the High Court Kumasi for the following reliefs:

1. A declaration that House No. 23 Block ‘D’ Adiebeba-Kumasi is the

personal property of the Plaintiff and therefore the sole owner

entitled to eject Defendant from same,

Or in the alternative

2. A declaration that House Number 23 Block ‘D’ and another house

situate at Kumasi in the sole name of the Defendant are the joint

properties of the parties the same having been acquired during the

subsistence of the marriage.

3. An order that both houses be proportioned equally between the

parties in the event that the Court grants relief (2).

4. Any order(s) the Honourable Court deems just.

The defendant /Appellant / appellant resisted the claims and counter

claimed as follows

i. A declaration that she is the sole owner of House No. 23 Block

‘D’, Adiebeba, Kumasi

ii. A declaration that the house acquired in her sole name (Plot 1

Block C Kagyase Abuakwa) is her self-acquired property and that

the plaintiff has no semblance of a right to same.

iii. An order of injunction restraining the Plaintiff, his agents,

servants, assigns, privies and those claiming through or under

him or by him from in any manner interfering with the

Defendant’s title and interest to the said properties.

iv. Any order(s) that the Honourable Court may deem fit.

Foreasyreferencethepartieswillhereafterbedescribedasplaintiffand

The High court gave judgment to the plaintiff granting him the first relief.

The defe