[1998]DLSC9291 • June 24, 1998 • Supreme Court •
MENSAH vs. MENSAH
The case concerns a divorce petition filed by the husband seeking dissolution of marriage, custody of children, and declaration of ownership of house No M9, South Effiakuma Estate, Takoradi. The wife cross-petitioned for similar reliefs including ownership of the same property. The trial court dissolved the marriage and awarded ownership of the house to the wife. The Court of Appeal partially allowed the husband's appeal, declaring joint ownership of the main house but sole ownership of the extensions by the wife. The husband appealed to the Supreme Court challenging the separability and ownership of the extensions.
read moreBamford-Addo JSC. This is an appeal from the judgment of the Court of Appeal dated 25 March 1993 in respect of a divorce petition which was filed by the husband for the dissolution of his marriage to the wife, custody of the children of the marriage and for a declaration that he is the owner of house No M9, South Effiakuma Estate, Takoradi. The wife cross-petitioned for dissolution of the marriage, custody of the children and a declaration that she is the owner of house No M9 South Effikuma Estate, Takoradi among other reliefs. On 22 December 1986, Amuah J (as he then was) who heard the case, found that the marriage had broken down beyond repair; he consequently dissolved the marriage and adjourned the case for hearing of the ancillary reliefs. Essilfie-Bonzie J (as he then was) tried the ancillary relief issues and after hearing evidence gave judgment on 18 June 1990 for the wife, holding that she was the sole owner of house No M9 South Effiakuma Estate, Takoradi and declared: “I.....