Samuel Sarpong & ANOTHER v. Hannah Durowaa
2016
COURT OF APPEAL
GHANA
CORAM
- HER LADYSHIP JUSTICE MARIAMA OWUSU (J.A.)
Areas of Law
- Family Law
- Property and Real Estate Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case involves a dispute over the ownership of a Land Rover Free Lander Swagon following the dissolution of a customary marriage between the 1st plaintiff and the defendant. The 1st plaintiff claimed that the vehicle was purchased for business purposes and should be returned to him, while the defendant counterclaimed that it was a gift. The court found that the vehicle was indeed a gift from the 1st plaintiff to the defendant during their marriage, based on evidence of a voluntary transfer of ownership. The plaintiffs' case was struck out for want of prosecution after they failed to attend court proceedings. The court ruled in favor of the defendant, ordering that the vehicle be returned to her and awarding her costs. This case highlights the principle that gifts given during a marriage remain the property of the recipient even after divorce, and demonstrates the consequences of failing to prosecute a case in court.
The plaintiffs in this case by their writ of summons claim jointly and severally against the defendant the following reliefs:
“a. A declaration of title to Land Rover Free Lander Swagon with Chasis No: SALLNABA 71A 336 543, with Registration No. GW 809/14.
b. An Order for recovery of the said vehicle.
c. An Order that the DVLA changes the name of the said Land Rover Free Lander Swagon with Chasis No: SALLNABA 71A 336 543, and with Registration No: GW 809/14 into the name of the plaintiff.
d. An Order for general damages of the sum of fifty thousand Ghana cedis (Gh¢50, 000.00) for procuring unlawful arrest and detention of the 2nd plaintiff.
In the 18 paragraph statement of claim that accompanied plaintiffs’writ of summons, the 1st plaintiff averred among other things that he was married to the defendant until August 2014 under customary law to which 2nd plaintiff was a witness.
The 1st plaintiff averred further that, whilst his marriage to defendant was still subsisting, he bought a Land Rover Free Lander Swagon with the description in the writ of summons from London and registered same for business purposes.
1st plaintiff continued that, he transferred the ownership of the said vehicle into the defendant’s name knowing that the vehicle belongs to both of them and was going to be used for the said business to support the family.
It is the case of the 1st plaintiff that, soon after the said transfer of the vehicle into the name of the defendant, the latter began to maltreat him, pack out of 1st plaintiff’s house and caused all kinds of embarrassing situations and led adulterous life which led to the eventual dissolution of the marriage by the families of both 1st plaintiff and defendant on the 25th October, 2014.
The 1st plaintiff averred that at the dissolution of the marriage between him and defendant, both families agreed that the vehicle in dispute must be transferred from defendant back to 1st plaintiff and instructed the 2nd plaintiff who is the aunty of the defendant to ensure that the said vehicle is transferred back to 1st plaintiff.
The 1st plaintiff concluded that all attempts to retrieve the said vehicle proved futile.
When the 2nd plaintiff heard that the vehicle had been parked in a garage for sale at Dzorwulu, he drew the attention of 1st plaintiff who went to the garage with 2nd plaintiff and drove same away.
When the defendant heard about the fact that 1st plaintiff had taken the vehicle with the help of 2nd plaintiff, the forme