JULIANA AMOAKOHENE vs. EMMANUEL K. AMOAKOHENE [2018]DLCA5111

Date	2018-07-24
Suit No.	SUIT NO. H1/26/2018
Citation No.	[2018]DLCA5111

ADUAMA OSEI J.A. (PRESIDING)

DZAMEFE J. A.

WELBOURNE (MRS) J. A.

AMA ASENSO FOR DEFENDANT/APPELLANT.

JAMES MARSHALL BELLIEB FOR PLAINTIFF/ RESPONDENT.

[2018]DLCA5111
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													<main id="main" class="content" style="min-height: 60rem" >JULIANA
AMOAKOHENE<o:p></o:p>(DEFENDANT/APPELLANT)<o:p></o:p>vs.<o:p></o:p>EMMANUEL K.
AMOAKOHENE<o:p></o:p>(PLAINTIFF/RESPONDENT)<o:p></o:p>[COURT OF APPEAL, KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

</div>COUNSEL:<o:p></o:p>AMA
ASENSO FOR DEFENDANT/APPELLANT.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

JAMES
MARSHALL BELLIEB FOR 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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ADUAMA OSEI J.A. (PRESIDING),
DZAMEFE J. A., WELBOURNE (MRS) J. A.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

JUDGMENT<o:p></o:p>

</div>WELBOURNE,
JA<o:p></o:p>This is an appeal emanating from the High
Court, Kumasi, dated 23rd June 2012. In this judgment, the Defendant/Appellant
will be described as Appellant and the Plaintiff/Respondent as Respondent.
Further, the abbreviation ROA means Record of Appeal. <o:p></o:p>The brief facts are that the parties
were husband and wife. They were married in accordance with Akan custom in 1987
and later married under statute in Dallas, Texas, United States of America.
They subsequently had differences in their marriage and in March 2011, the
parties dissolved their customary marriage in Ghana. However by operation of
law, they were still married as their marriage had not been dissolved. That
marriage was eventually dissolved on 26th January 2015 after the
judgment of the High Court was delivered.<o:p></o:p>In the meantime, two houses had been
acquired during the subsistence of the marriage, namely, House No.23 Block D,
Adiebeba, Kumasi and House No. Plot 1 Block ‘C’, Abuakwa(Kagyase), Kumasi. It
is the case of the Respondent that he acquired the Adiebeba house with his own
money but used the names of the parties as husband and wife on the Title Deeds.
However, when the Appellant acquired the Abuakwa house, she used her name alone
on the Title Deeds.<o:p></o:p>After the customary divorce in March
2011, the Respondent could not cohabit with the Appellant in the Adiebeba House
which served as the matrimonial home and so moved into a hotel. The&nbsp; Respondent herein subsequently issued a writ
in the High Court, Kumasi on 11th March 2011 for a declaration that
he solely owned the Adiebeba House and therefore entitled to eject the Appellant&nbsp; from same or in the alternative both the
Adiebeba house and the Abuakwa (Kegyase)house are declared joint properties of
the parties and same partitioned equally. This surely was to get the Respondent
a house to live in.<o:p></o:p>However, the Defendant counterclaimed
for a declaration that she owned both the Adiebeba house and the Abuakwa
(Kegyase) house and sought an injunction restraining the Plaintiff from
interfering with her title and interest in the houses. <o:p></o:p>After a full trial, the High Court gave
judgment inter alia at page 135 of the record of appeal as follows:<o:p></o:p>“In
conclusion, first I hold and declare that the Adiebeba house is solely owned by
the Plaintiff. In much the same manner, I hold that the Kagyase house belongs
solely to Defendant. However, the request for an order of injunction which is
endorsed in the Defendant’s counterclaim fails. Such orders for injunction
would normally not be granted in mere declaratory actions. But as regards her
present abode which is in the Adiebeba house, I adjudge that once their
marriage still subsists Defendant is entitled to live in that house. She can
only vacate the house if their second marriage is terminated. Hence the
abrogation of the customary marriage has no effect at all until the other
marriage is ended as well. It is worth noting that the position of the law on
marriage which starts from a Customary one to an Ordinance marriage imports the
notion that ordinance marriage of being superior </main>