MRS. DORA DANSO (dec) SUBSTITUTED BY PHILOMENA DANSO v. JAMES DANSO ABEAM ETC
2019
COURT OF APPEAL
GHANA
CORAM
- M. OWUSU, JA (PRESIDING)
- S. DZAMEFE, JA
- M. WELBOURNE, JA
Areas of Law
- Civil Procedure
- Family Law
- Property and Real Estate Law
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This is a Ghana Court of Appeal decision authored by Justice S. Dzamefe, JA, on a consolidated dispute arising from a divorce petition and related property claims between a woman who operated a shop at Sunyani Main Station and her husband. After the Sunyani District Assembly demolished wooden structures, the woman reapplied and was allocated a new store, ZL 39, which she constructed and for which a tenancy was prepared in her name. She alleged that CHRAJ ordered her ejection, causing losses of goods and cash. The High Court dismissed her claim to house No. P.20/F, Penkwase, but declared her the owner of store ZL 39 and held vehicle BA 537T to be joint marital property, awarding her Gh¢20,000 and costs of Gh¢5,000. The husband appealed, challenging the valuation for the vehicle award, the costs order, and the store declaration. The Court of Appeal partially allowed the first ground by reducing the vehicle award to Gh¢10,000, affirmed the costs order, and upheld the declaration of ownership of store ZL 39, dismissing the remaining grounds.
DZAMEFE, JA
The plaintiff/respondent issued this writ against the defendant/appellants jointly and severally for the following reliefs:
a. A declaration that, store No.ZL 39 situate and being at a place known and commonly called “Sunyani main Station” is the plaintiffs self-acquired property.
b. A declaration that, an order made on 15th May 2003 by the 2nd defendant in favour of the 1st defendant is null and void and same is against natural justice, equity and good conscience.
c. An order of perpetual injunction restraining the defendants their against, servants, assigns and privies from dealing and interfering with Store No.ZL 39 described herein in relief “a” supra.
d. General damages for the ejection of the plaintiff from store number ZL 39 described in reliefs “a” supra.
e. Loss of income f. Special damages in the sum of two million cedis being the cost of bread and minerals destroyed by the defendants.
g. Further order or orders.
The plaintiff averred that in or around 1984, she was asked by the 1st defendant who was then into poultry feed business to join him in his trade.
Plaintiff avers further that the Sunyani District Assembly leased a wooden shop to them.
In 1987, the 1st defendant travelled out of the country.
The following year the Sunyani District Assembly demolished all wooden structures in the area where their wooden shop was located.
The Assembly asked all affected who need new stores to re-ply, which she did and was offered one.
The plaintiff said she invested her own resources into the construction of the shop to the tune of Gh¢120,000 and had a tenancy against prepared in her name.
She paid all the property rates on the building for the past 15 years.
She said on 15th May 2003, the 1st defendant through the connivance subterfuge, manipulations and machinations of the 2nd defendant ordered her to vacate the said store.
This ejection order was made by the 2nd defendant, Chraj.
That on the 17th of July, 2003, in her absence at the store 2nd defendant ordered some of the its officials who forcibly broke into the said store and brought out her items together with the 1st defendants which were in the storeroom.
The items in the store at the time, she said, were about 57 cartons of soft drinks (mineral), forty loaves of bread, three hundred sachets of Kenkey and cash Gh¢350.00.
Plaintiff averred she earns about Gh¢100 daily from the store, but due to the unlawful ejection she lost all the iced kenkey and all the loaves were