[2019]DLHC8822June 27, 2019High Court

VERONICA COMMODORE MENSAH vs. MICHAEL KOJO NARTEY

The plaintiff and defendant were formerly married. The defendant's brother purchased the matrimonial home as a gift for them, registered jointly in their names. After the marriage dissolved, the plaintiff left the home, but the defendant remarried and currently resides there with his new wife. The plaintiff alleges the defendant has denied her access to the jointly owned property, causing her hardship and seeks a share of the property to move on with her life.

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Introduction The parties in this suit were a married couple but their marriage unfortunately fell on the rocks. The plaintiff left the matrimonial home after the marriage was dissolved but the defendant remarried and he is currently living in the said matrimonial home with his new wife. The said matrimonial home is described as Parcel number 90 Block 1 Section 34 situated at Lartebiokorshie, which is the subject matter of this present suit. Plaintiff’s case It is the plaintiff’s case that during the marriage, the defendant’s brother bought the house in dispute for them as a gift which they hold together in equal shares with the documents duly registered in their joint names. The plaintiff avers that they pulled down part of the house and reconstructed a new house by their joint efforts. The plaintiff asserts that when she moved out of the property after the dissolution of their marriage, the defendant has appropriated the building to himself and has denied her access to ...