AMA SERWAA vs. GARIBA HASHIMU AND ISSAKA HASHIMU

The case involves a complex dispute between Ama Serwaa (plaintiff) and Gariba Hashimu and Issaka Hashimu (defendants) arising from a relationship between Ama Serwaa and Issaka Hashimu in Italy. The plaintiff claimed they cohabited as a couple with an expectation of marriage, during which she engaged in commercial sex work and contributed financially to the acquisition of properties and vehicles in Ghana. The defendant initially denied the relationship and disputed the facts but later admitted to some aspects. The plaintiff alleged breach of promise to marry, loss of property, and financial contributions. The defendants denied the claims and counterclaimed for ownership of properties and vehicles. The case involved issues of cohabitation, breach of promise to marry, property ownership, and the legality of the plaintiff's source of income.

PROF MENSA-BONSU (MRS.), JSC:- This is a case which appears simple on its face, but which is not so, in reality, having arisen out of the relations of two migrant workers from Ghana who met and cohabited as a couple, in Napoli, Italy. The female believed they were in an amorous relationship and that marriage between them was imminent, whilst the male had other ideas and therefore initially disputed the basis of the belief of the existence of an amorous relationship. There is thus a mix of love, commercial sex work, misplaced trust, manipulation of the system and intrigue, to the befuddlement of lawyers and judges alike. Although presented as one case, it actually consists of a total of three cases in the High Court; and an appeal to the Court of Appeal, which has culminated in the instant appeal to this honourable court. The equitable maxim “Equity will not suffer a wrong to be without a remedy” is a maxim that has been brought to life and prayed in aid in order to do...