[2024]DLCA17935 • November 21, 2024 • Court of Appeal
DAISY OBIRI YEBOAH vs. RHODA OBIRI YEBOAH
The Plaintiff married the late Emmanuel Obiri Yeboah under the Ordinance in 2001. They jointly acquired and developed properties at Yellow Bus Stop, Ashalley Botwe, including a matrimonial home and a commercial property. Following a separation, the Plaintiff traveled to the United States. The Defendant claimed the late Emmanuel divorced the Plaintiff in 2008 and subsequently married her in 2009. The Plaintiff denied knowledge or participation in any divorce proceedings, alleging the divorce was fraudulently obtained. Upon the late Emmanuel's death, the Defendant was in possession of the properties, prompting the Plaintiff's suit.
read moreJUDGMENT DODOO, JA (MRS) INTRODUCTION The Plaintiff/Respondent commenced suit against the Defendant/Appellant at the trial High Court claiming the following reliefs: i. An order to declare properties H/No. 10/399 Yellow Bus Stop, Ashalley Botwe and No. 965, Block No. 17 Ashalley Botwe as belonging to Plaintiff and the late husband. ii. An order to evict the Defendant, her assigns, agents and workmen from the said properties. iii. Perpetual Injunction restraining the Defendant, her assigns, agents and workmen from entering upon the said properties. iv. Trespass to properties and Damages. v. Legal fees incurred by Plaintiff in pursuance of the instant suit. (See pages 1 and 2 of the Record of Appeal {ROA}) The Parties in this judgment would retain their original designations as the Plaintiff and the Defendant. The Plaintiff’s Case The Plaintiff averred that she got married under the Ordinance to the late Emmanuel Obiri Yeboah on or about 21st April, 2001. It was her ca.....