[1993]DLCA4974 • December 16, 1993 • Court of Appeal
OPAREBEA vs. MENSAH
The appellant and respondent were married under customary law in 1958. Following the breakdown of their marriage, the appellant sought financial provision and a declaration of beneficial interest in family assets. The High Court ordered that the appellant be granted the respondent's house at Tesano as settlement. The respondent appealed but died during proceedings; his executors withdrew the appeal. The appellant cross-appealed for increased financial provision. The Court of Appeal reviewed the evidence of the appellant's substantial contributions to the respondent's business and assets acquired during marriage, including jointly decided properties such as the North Ridge Hotel.
read moreLUTTERODT JA. In 1958, the petitioner, whom I shall hereinafter describe as “the appellant” was married to the respondent, S A Mensah, now deceased, under customary law. Following the breakdown of their marriage, she instituted proceedings in the High Court, Accra for a number of reliefs, including the following: “2. That the respondent be granted maintenance pending suit and financial provision. 3. That it be declared that the petitioner has a beneficial interest in the family assets.” By a judgment dated 14 December 1984 the learned trial judge ordered among other things as follows: “For the petitioner’s matrimonial reliefs concerning financial provision and beneficial interest in the respondent’s assets, it is hereby ordered that the petitioner be given the respondent’s house at Tesano where the petitioner resides and has already staked her interests by making extensions thereto.” The respondent who was not at all happy with this order, appealed against the ...