[2011]DLCA7936April 7, 2011Court of Appeal

MRS ELIZABETH OSEI (SUBSTITUTED BY PORTIA GILLARD) vs. MADAM ALICE AFUA KORANG

AYEBI J.A. This is an appeal from the judgment of the High Court, Accra dated 8th April 2005. The appellant was the defendant at the trial court whiles the respondent was the plaintiff. The plaintiff/respondent is the widow of the deceased son of the defendant/appellant. The suit is therefore a contest between a daughter-in-law and a mother-in-law over H/No. B/208, Anya Onyinase Kokoroko, New Gbawe. The reliefs plaintiff/respondent claimed at the trial court are: (a) That the defendant/appellant be restrained from removing her from her matrimonial home, (b) A declaration that the matrimonial home situate at No. B/208, Anya Onyinase Kokoroko, New Gbawe was built by her late husband. The case put forward by the plaintiff/respondent in support of her claim is that she got married to Stephen Kwame Osei, son of the defendant/appellant in 1990 under the Ordinance. In the course of the marriage the husband put up the house. The husband however died in 2000. After his death, defen...