AGNES YIRENKYI
V.
GEORGE ATTA GYIMAH, EVANS OPOKU GYIMAH AND CECILIA KUKUA

(2014) JELR 65419 (CA)    
Court of Appeal  ·  SUIT NO: H1/32/2013 ·  16 Jan 2014 ·  Ghana
CORAM
MARIAMA OWUSU JA (PRESIDING), MARFUL-SAU J.A., SAEED K. GYAN J.A.
Core Terms Beta
plaintiff
respondent
court
trial judge
dansoman house
appellants
evidence of the respondent
said house
financial award
learned judge
trial
case of the plaintiff
documentary evidence
first wife
high court
immovable property
matrimonial causes act
oral evidence
weight of evidence
bentsi-enchill
case of bentsi-enchill
case of koglex ltd
case of mensah v. mensah
conduct of the husband
consequential order
end of the trial
following grounds of appeal
following reliefs
good reasons
grounds of the said house
house no.
instant case
joint efforts
particular reference
part of financial provision
presence of witnesses
principle of estoppel-promissory estoppel
receipt of the record of appeal
recent illuminating judgment of the supreme court
related issue of divorce
respect of the monetary compensation
respondent’s claim
rule of law
settlement of property rights
view of the fact

JUDGMENT

MARIAMA OWUSU, J.A:

Section 20 [1] of the Matrimonial Causes Act 1971, ACT 367 provides as follows;

“The Court may order either party to the marriage to pay to the other party a sum of money or convey to the other party movable or immovable property as settlement of property rights or in lieu thereof or as part of financial provision that the Court thinks just and equitable”.

The plaintiff and 1st defendant in this suit were married customarily sometime 1979. They cohabited in Kumasi, Accra and London. There are three issues between them. The marriage was dissolved on 24-11-1999. It is the case of the plaintiff that, the meeting to dissolve the marriage between her and the 1st defendant took place before relations and representatives of both sides. At that meeting, the 1st defendant openly acknowledged that, in view of the fact that, he had initiated the dissolution of the marriage, he was prepared to pacify the plaintiff. Consequently, 1st defendant offered plaintiff and her chi…

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