AMA BIRAGO vs. AMOFA BOATENG & 1 OR.

The appellant and 1st respondent were married for 32 years with five children. The dispute concerns two properties acquired during the marriage: House No. Plot 22, 8th Street, Atwima Amanfrom, and House No. Plot 50 Block A, Nsuotam Abuakwa. The appellant claimed joint ownership based on joint efforts, while the 1st respondent asserted sole ownership through his earnings and business activities. The 1st respondent, suffering from a serious kidney illness requiring costly treatment, sold the Atwima Amanfrom property to the 2nd respondent to finance his medical care. The appellant initially resisted the sale, reporting the 1st respondent to police and FIDA, but later compromised, allowing the sale to proceed. The 2nd respondent purchased the property as a bona fide purchaser without notice of any encumbrance. The appellant refused to vacate the property after the sale, prompting the 2nd respondent to seek possession.

JUDGMENT SUURBAAREH, J.A The plaintiff/appellant who is dissatisfied with the judgment of the High Court, Kumasi, dated 28th September 2018, launched the instant appeal, filed on 8th October 2015, on two grounds of appeal, namely: -The judgment is against the weight of evidence adduced in court. -The learned trial judge did not adequately consider the case of the plaintiff/appellant. Even though there was a proviso for filing additional grounds of appeal, upon receipt of the record of appeal, none were filed, and the appeal has been prosecuted on the two grounds of appeal set out above. The plaintiff/appellant’s dissatisfaction is with the whole of the judgment of the High Court, and the reliefs she seeks from this Court is to have same set aside, and judgment entered in her favour. From the pleadings, especially those of the plaintiff/appellant and the 1st defendant/respondent, the two have been married for some 32 years at the time the action was instituted an.....