[2023]DLSC16989 • November 8, 2023 • Supreme Court •
CECILIA ADU AGYEI vs. JOSEPH ADU AGYEI
The Plaintiff and Defendant were married in 1984 and lived in Germany. Their marriage was dissolved in Germany in 1998. The Plaintiff claimed a 50% interest in a property in Ghana allegedly jointly acquired during the marriage in 1986, partly financed by a bank loan and their own funds. The Defendant denied joint acquisition, asserting sole ownership and purchase with his own funds. The Plaintiff's sister lived in the property to protect Plaintiff's interest. The Defendant sought to eject her, prompting the suit.
read moreJUDGMENT OWUSU JSC; INTRODUCTION: On 14th April, 2022, the Court of Appeal allowed the appeal of the Defendant/Appellant/Respondent (hereinafter referred to as Defendant) and set aside the Judgment of the High Court dated 23rd May, 2019. Dissatisfied with the decision of the Court of Appeal, the Plaintiff/Respondent/Appellant (simply referred to as Plaintiff) mounted this appeal before the Supreme Court on the following grounds: A. The Judgment is against the weight of evidence on record in this suit. B. The Judgment is wrong in law in that the Court erred in rejecting the Power of Attorney of the Plaintiff. C. The Judgment is also wrong in law in that this suit is substantive and not ancillary. Before dealing with the arguments advanced in support and against this appeal, we would give a brief background of the case. The Plaintiff by her Writ of Summons sought the following reliefs: 1. A Declaration that, House No. B1/26 New Achimota near the Pentecost Church is...