[1989]DLSC18016December 12, 1989Supreme Court

RIBEIRO vs. RIBEIRO

The petitioner (wife) and respondent (husband) married in London in 1953 and had four children. The wife petitioned for divorce in 1980, which was uncontested and granted in 1981 by the High Court, Accra. She sought financial provision alleging the husband owned multiple properties and earned substantial income. The husband denied ownership of some properties but admitted owning the Ring Road property, which he later conveyed to his new wife (former concubine) during ongoing proceedings. The High Court found this conveyance was intended to defeat the wife's financial provision claim, rescinded it, awarded the wife ¢150,000, and ordered the Ring Road property conveyed to her. The husband appealed, challenging only the order vesting the property in the wife.

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JUDGMENT JUDGMENT OF AMUA-SEKYI JSC The petitioner, Barbara Ribeiro, and the respondent, Charles, were married in London in 1953. They have four children. In 1980 the petitioner filed a petition for divorce which included a prayer for financial provision. The petition for divorce was uncontested and was granted by the High Court, Accra in January 1981. In support of her prayer for financial provision, the petitioner, (hereinafter called the wife) filed an affidavit in March of that year alleging that the respondent (hereinafter called the husband) was the owner of some ten buildings. She assessed his earnings at ¢30,000 per month. In answer to this, the husband denied being the owner of six of the buildings. He however admitted ownership of the building on Ring Road, Accra, which is the subject of this appeal. He said he had in all 22 children seven of whom were in schools in Ghana and two in schools in England. Besides, he had six elderly relatives who were partly dependent on h....