[2021]DLSC11564 • April 4, 2021 • Supreme Court •
AMA SERWAA vs. GARIBA HASHIMU AND ISSAKA HASHIMU
The plaintiff and defendant met and cohabited as a couple in Italy, where the plaintiff engaged in commercial sex work and contributed earnings towards properties acquired in Ghana. The plaintiff believed they were to marry, but the defendant denied the relationship and disputed the claims. Upon return to Ghana, the relationship broke down, with disputes over property ownership, loans, and a vehicle used as collateral. The plaintiff sued for breach of promise to marry, property shares, and damages. The defendant denied the claims and counterclaimed for property ownership and loan repayment.
read morePROF 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 justice for...