YEBOAH v. YEBOAH

Following the dissolution of their marriage, the plaintiff, a General Manager at the Agricultural Development Bank, sought to eject the defendant, an assistant commercial officer at the Ministry of Trade, from their former matrimonial home at No. 131, North Labone Estate, Accra. Although a consent judgment had ordered the defendant to vacate, HAYFRON-BENJAMIN J held that the consent order did not declare the plaintiffs exclusive title because title had not been pleaded. The court examined the acquisition history: the plot was originally allocated to the defendant and transferred to the plaintiff to secure a Bank of Ghana housing loan paid directly to the Ghana Housing Corporation. The defendant traveled from the UK, arranged installations, and paid for significant structural improvements while cohabiting with the plaintiff and later with their children after separation. Applying English constructive trust principles, and recognizing that Ordinance marriage permits English concepts alongside customary law, the court inferred a common intention of joint ownership and declared the defendant a joint owner with an equal share, awarding her costs and depriving the plaintiff of costs on the earlier judgment.