Ratio DecidendiRatio DecidendiRatio Decidendi


(1976) JELR 69504 (HC)    
High Court  ·  6 May 1976 ·  Ghana
Other Citations
[1976] 2 GLR 303

Ratio Decidendi

Core Terms Beta
matrimonial home
mr. eves
beneficial interest
lagoon road
house no.
joint names
child of the marriage
dissolution of the marriage
own conduct
pendency of the divorce proceedings
pettitt v
such property
absolute right
adverse claims
basis of the wife
beneficial ownership
conduct of the husband
dicta of lord denning m.r.
district court
eves v
family income
first time
former house
going concern
judicial opinion today shows
legal practitioners
marriage breaks
marriage ordinance cap
matrimonial house
matrimonial property law
order of the high court
part of the beneficial interest
proprietary interest
purchase of a house
recent years
result of the utterances
revocable licence
share of property
sharing of a common home
spouse buys property
subsistence of the marriage
twenty-month-old ekua
use of a matrimonial home
use of her own income
wife’s claim raises
wife’s interest
wife’s mother


Husband and wife, both legal practitioners, were married under the Marriage Ordinance Cap. 127 (1951 Rev.), on 21 August 1971. The marriage was dissolved on 12 December 1974, on the ground that it had broken down beyond reconciliation. During the subsistence of the marriage, at least for the first few years, the husband and wife lived and cohabited at No. 1 Palm Lands Estate, Sekondi, also called Villa Afrique. The husband purchased a flat in house No. 8/12, Lagoon Road, Sekondi, in which he later permitted his mother-in-law, the wife’s mother, who was without suitable accommodation to live gratuitously. Subsequently the wife left Villa Afrique and joined her mother at the flat.

The husband after the dissolution of the marriage requested the wife and her mother to leave the flat. The wife refused to give up possession, contending that the said flat was her matrimonial home and that she was entitled as of right to stay there with twenty-month-old Ekua, the child of the marria…

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