DOMFE vs. ADU [1985]DLCA906

Date	1985-07-15
Suit No.
Citation No.	[1985]DLCA906

SOWAH JSC

ABBAN JA

OSEI-HWERE JA

DR SETH TWUM FOR THE DEFENDANT-APPELLANT.

C E K KUMADO FOR THE PLAINTIFF-RESPONDENT.

[1985]DLCA906
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													<main id="main" class="content" style="min-height: 60rem" ><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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DOMFE <o:p></o:p>

{COURT OF APPEAL, ACCRA} <o:p></o:p>

[1984-86] 1 GLR 653<o:p></o:p>

DATE:
15 JULY 1985<o:p></o:p>

</div><o:p>&nbsp;</o:p>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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DR SETH TWUM FOR THE DEFENDANT-APPELLANT. <o:p></o:p>

C E K KUMADO FOR THE PLAINTIFF-RESPONDENT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SOWAH JSC, ABBAN AND OSEI-HWERE JJA<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ABBAN JA.<o:p></o:p>Abban
J.A. delivered the first judgment at the invitation of Sowah CJ. In the High
Court, Accra the plaintiff (hereinafter referred to as the respondent) sought
three reliefs. That is a declaration that she was beneficially entitled to a
half - share of each and every asset movable and immovable standing in the name
of the defendant (hereinafter referred to as the appellant). Secondly, a
declaration that she was entitled to share equally with the appellant all goods
in the stores popularly known as “Asuo Gyebi Stores” and located at house No
140/144, Odum Street, Kumasi and the profits that accrued from the running of
the said stores as well as any other proceeds from the business activities
carried on by the parties in Kumasi and Accra between 1970 and 1980. Thirdly,
any other relief as in the circumstances might be just including an order for
accounts or inquiries and for an order calling upon the appellant to make the
necessary vesting assents to give effect to the above declaration.<o:p></o:p><o:p>&nbsp;</o:p>There was
no dispute that the parties met for the first time in 1968 and in due course
they became friends; and by 1969 they had formed an intimate association in the
sense that for all practical purposes they were living under one roof as man
and wife. The respondent said the association was regularised in 1970 when the
appellant formally performed the customary marriage rites. The appellant gave
the date for performing the marriage rites to be in 1974.<o:p></o:p><o:p>&nbsp;</o:p><o:p>&nbsp;</o:p>However,
at the time they met in 1968, the respondent was already in business. She was
engaged in substantial trading activities while the appellant had practically
nothing. To put it simply, the appellant was then a man of straw. He was
earning ¢10 a month as a produce clerk at a place called Npasaaso in Ashanti.
In 1969 the appellant resigned as a produce clerk to work with his brother as a
store boy or attendant. He was not paid regular wages, but was given irregular
allowance every day, depending on the sales of that day. In fact, the,
appellant was finding life very tough.<o:p></o:p><o:p>&nbsp;</o:p>The respondent,
conscious of the financial plight in which the appellant found himself, invited
the appellant to join her in her trading business. The appellant accepted the
invitation with alacrity. This was in or about 1971. Thus, the parties from
then on agreed to do business together. Following that agreement, and for the
Joint business, the respondent first obtained a loan of ¢200 from the
Government of Ghana Small Business Loan Scheme in or about October 1971: see
exhibit A. She gave this amount to the appellant to start the joint business.
Two months later in December 1971, the respondent obtained a second loan of
¢800 from the same source - Small Business Loan Scheme - and again gave it to
the appellant. The respondent obtained further a loan of ¢1,500 from her
brothers and another ¢200 from her sister. All these loans were given to the
appellant for the joint business. Altogether, the respondent contributed ¢2,700
as the initial working capital to start the said joint business. The appellant,
as already indicated, was a man of straw and could not contribute any portion
of the initial working capital. It was later on when the business had taken off
and was flourishing that he also obtained loans from banks for its expansion.<o:p></o:p><o:p>&nbsp;</o:p>The
respondent could neither read nor write. She was an illiterate woman. While the
appellant was an educated young man. There was no formal agreement as to how
the profits from the business were to be shared. But according to the
respondent the following agreement was made by them and here I quote the evidence
of the respondent:<o:p></o:p>