[1971]DLHC9295 • July 20, 1971 • High Court
YEBOAH vs. YEBOAH
The plaintiff and defendant were formerly married; their marriage was dissolved on 16 April 1969. The defendant continued to reside in the matrimonial home at No. 131, North Labone Estate, Accra, until the decree nisi was made absolute. The plaintiff served notice for the defendant to vacate the premises, claiming he required it for his own occupation. The defendant denied this, asserting entitlement to remain with their four children and claimed the plaintiff intended to rent out the property. The defendant also claimed contributions towards the acquisition and improvement of the house, asserting joint ownership.
read moreJUDGMENT OF HAYFRON-BENJAMIN J. The marriage between the plaintiff and the defendant in this case was dissolved on 16 April 1969. During the proceedings for the dissolution of the marriage, the defendant lived at the matrimonial home and continued to do so till the decree nisi was made absolute. The home is numbered No. 131, North Labone Estate, Accra. On 30 May 1969 the plaintiff served a notice on the defendant to quit the premises on or before 31 October 1969 on the ground that he, the plaintiff, required the premises for his own occupation. The defendant did not leave the premises and the plaintiff therefore took out a writ of summons on 10 December 1969 claiming an order for the ejectment of the defendant from the said premises. The plaintiff is the General Manager of the Agricultural Development Bank and the defendant is an assistant commercial officer at the Ministry of Trade. The defendant denied in her statement of defence that the plaintiff needed the premises for his own o...