ABBEY
V.
SYKES

(1994) JELR 63604 (CA)    
Court of Appeal  ·  31 Mar 1994 ·  Ghana
 · 
Other Citations
[1994 - 95] 2 GBR 743 – 757 C A
CORAM
LAMPTEY JA, ESSIEM JA, FORSTERJA
Core Terms Beta
plaintiff
defendant
evidence
trial judge
case
claim
declaration of title
exhibit d
opinion
plot of land
said house
learned trial judge
date of judgment
learned judge
legal title
finding of fact
owner of house
trial court
appropriate department of state
due course
evidence of the plaintiff
great respect
state housing corporation
strength of his own case
account of rents
appellate court
baggage of the plaintiff
consequential orders
consideration of principles
conveyance of the disputed plot of land
decision of the lower court
decision of the trial court
declaration of the legal title
defendant's complaint
evidential value of exhibit
family house of the plaintiff
following cross-examination shows
following manner
following passage
following statement
following words
instant case
issue of equitable estoppel
opinion of adumua-bossman jsc
particular point
respect of the disputed plot of land
respondent elizabeth sykes
site plan of the plot
suo motu
trial judge’s consideration

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…

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