Customer Support

ERNESTINA BOATENG
V.
PHYLLIS SERWAH & ORS.

(2021) JELR 107274 (SC)

Supreme Court 14 Apr 2021 Ghana
BriefBot icon

BriefBot Summary

Free

- The case involves a dispute over the ownership of two properties between a plaintiff and the defendants, who are the surviving spouse, customary successor, and eldest son of the deceased. - The plaintiff and the deceased were in a relatio

Case Details

Suit Number:CIVIL APPEAL NO. J4/08/2020
Judges:BAFFOE-BONNIE, JSC (PRESIDING) PWAMANG, JSC MARFUL-SAU, JSC AMEGATCHER, JSC TORKORNOO (MRS.), JSC
Counsel:O. K. OSAFO-BUABENG ESQ WITH HIM PETRINA DEPHIA FOR THE PLAINTIFF/RESPONDENT/APPELLANT. EDWARD DARLINGTON ESQ WITH HIM VICTORIA ENCHILL FOR THE DEFENDANTS/APPELLANTS/RESPONDENTS.
Other Citations:(2021) JELR 107067 (SC), (2021) JELR 107919 (SC)

JUDGMENT

PWAMANG, JSC

My Lords, the proceedings that have culminated in this appeal were commenced in the High Court, Accra on 2nd January, 2009 but are a sequel to a partly-heard matrimonial case in that court which was struck out on 31st July, 2007 following the death of the respondent therein, Mark Adu Prempeh (the Deceased). The plaintiff/respondent/appellant (the plaintiff) herein and the deceased met and entered into a relationship in Antwerp, Belgium in 1988 and the relationship lasted for nine years before they came to marry at Kumasi in 1997 in accordance with Akan custom. Problems developed in the relationship in 2000 causing the plaintiff to file a divorce petition against the deceased praying for dissolution of the marriage and also for declaration of joint ownership of two landed properties situate at Tantra Hill and Adabraka, both in Accra. In his defence in the divorce case the deceased disputed the validity of the marriage and denied the plaintiff’s claim of joint owners…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.