MRS. ELIZABETH OSEI & ANOTHER v. MADAM ALICE EFUA KORANG
2013
SUPREME COURT
GHANA
Areas of Law
- Evidence Law
- Property and Real Estate Law
- Civil Procedure
2013
SUPREME COURT
GHANA
AI Generated Summary
This case involved an appeal from the Court of Appeal's decision which reversed a trial court judgment. The plaintiff claimed ownership of a matrimonial home she asserted to have built with her late husband, while the defendant (mother-in-law) claimed to have built the house with her resources. The trial court initially ruled for the plaintiff, but the Court of Appeal reversed this decision, leading to an appeal. The Supreme Court upheld the Court of Appeal's decision, ruling that the defendant had provided stronger evidence supporting her claim to the house. However, the Court refused to evict the plaintiff from the house, ensuring she could live there for life, recognizing the need to maintain familial peace.
ANSAH JSC.
This is an appeal from the judgment of the Court of Appeal dated 7th April 2011, which dismissed the judgment of the trial court declaring that the matrimonial home of house number B/208, Anya Onyinase Kokoroko, New Gbawe, was built by the late husband of the plaintiff and retraining the defendant from removing the plaintiff from the said matrimonial home.
In the action at the High Court, the plaintiff claimed against the defendant the following reliefs:
“1 That the defendant be restrained from removing the plaintiff from her matrimonial, home.
2. A declaration that the matrimonial home situate at No. B/208 Anya Onyinase Kokoroko, New Gbawe, was built by her late husband.”
The case of the plaintiff was that she married one Stephen Kwame Osei the late deceased son of the defendant and the couple put up the house in dispute but after his death the defendant moved in claiming ownership thereto. I shall give more details of her evidence later on in the course of this delivery.
The defendant on the other hand denied the claim by the plaintiff in her pleadings and asserted she put up the house and gave it to her son, the said Stephen Kwame Osei, to occupy on her license.
She counterclaimed for:
“a). A declaration the Defendant is the owner of H/No. B/208, Anya Onyinase Kokoroko by virtue of her having used her own money to purchase land on which she had used her own resources to construct a one storey building with an outhouse thereon.
(b) an order that the plaintiff and her late husband lived and occupied H/No. B/208 as licensees of the defendant.
(c). an order that the plaintiff be given three months to give absolute vacant possession of the said house to the Defendant.”
The counterclaim was subsequently amended to read:
“a). A declaration that defendant is the owner of House No.B/208 by virtue of her having used her own resources to construct one story building, three shops and also an outhouse which outhouse she received financial support from her son Agyepong who lives in the United States.”
After taking evidence, the trial High Court gave judgment in favor of the plaintiff on her claims and dismissed the counterclaim, but her judgment was reversed on appeal to the Court of Appeal. It is against this judgment that this appeal has been brought by the defendant on the grounds that:
“a). the judgment of the Court of Appeal is against the weight of the evidence on record.
b). The Court of Appeal erred in entering judgment for the defe