[2013]DLSC2707 • February 20, 2013 • Supreme Court •
MRS. ELIZABETH OSEI vs. MADAM ALICE EFUA KORANG
The plaintiff, Mrs. Elizabeth Osei, married the late Stephen Kwame Osei, son of the defendant, Madam Alice Efua Korang. The couple built and lived in the matrimonial home at House No. B/208, Anya Onyinase Kokoroko, New Gbawe. After the husband's death, the defendant moved into the house claiming ownership, leading to the plaintiff's claim for a declaration of ownership and an injunction restraining the defendant from removing her from the home.
read moreANSAH JSC. This is an appeal from the judgment of the Court of Appeal dated 7th April 2011, which dismissed the judgment of the trial court declaring that the matrimonial home of house number B/208, Anya Onyinase Kokoroko, New Gbawe, was built by the late husband of the plaintiff and retraining the defendant from removing the plaintiff from the said matrimonial home. In the action at the High Court, the plaintiff claimed against the defendant the following reliefs: “1 That the defendant be restrained from removing the plaintiff from her matrimonial, home. 2. A declaration that the matrimonial home situate at No. B/208 Anya Onyinase Kokoroko, New Gbawe, was built by her late husband.” The case of the plaintiff was that she married one Stephen Kwame Osei the late deceased son of the defendant and the couple put up the house in dispute but after his death the defendant moved in claiming ownership thereto. I shall give more details of her evidence later on in the course of thi...