LAMPTEY JA.: The appellant Honestte Abbey (hereinafter called the “defendant”) customarily married the respondent Elizabeth Sykes (hereinafter called the “plaintiff”) sometime in 1960. The marriage ran into difficulties from time to time, until sometime in 1987 when it virtually foundered on the rocks. I must say that there had not been a formal customary divorce. What had happened was that the defendant unilaterally packed virtually the bag and baggage of the plaintiff and caused these to be sent to the family house of the plaintiff with a message that she should not return to the matrimonial home. Sometime in 1991, the plaintiff took action against the defendant and sought among other reliefs, the following:
“(a) A declaration that the plaintiff is the owner of house No B337/22, (B58C/22) North Kaneshie, Accra and the plot of land on which it stands.
(b) Account of rents collected from the said house from 1977 to the date of judgment.”
The defendant resisted the claim on the ground tha…