Ratio Decidendi



JOHN WILLIAM MENSAH
V.
GRACE MENSAH

(1998) JELR 69519 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. 3/97 ·  24 Jun 1998 ·  Ghana
CORAM
MRS. BAMFORD-ADDO J.S.C. (PRESIDING), HAYFRON-BENJAMIN J.S.C., ACQUAH J.S.C., ATUGUBA J.S.C., MS. AKUFFO J.S.C.

Ratio Decidendi

Core Terms Beta
evidence
court of appeal
extension
parties
main house
beneficial interest
case
appeal
own money
acquisition of the house
joint efforts
joint owners of the property
petitioner’s claim
sole owner of the extensions
building materials
custody of the children of the marriage
declaration of ownership of the said house
definite shares
dicta of denning l.j.
dissolution of his marriage
equal beneficial owners of the main house
equal shares
evidence of a prior agreement
evidence of clear intention
extension work
financial contribution
good conscience
house hold expenses
important thing
individual property
interest of their children
joint benefit of the parties
joint property of the parties
judgment of the court of appeal
large sums of money
matrimonial home
particular decision of the court of appeal
part of the judgment of the court
principle of equitable sharing of such property
proprietary rights of the spouses
respect of a divorce petition
respondent holding
respondent wife cross
sharing of property
substantial contribution
such evidence
time of the hearing of the case
total value of the entire property
wife respondent

JUDGMENT

MRS. J. BAMFORD-ADDO J.S.C.

This is an appeal from the judgment of the Court of Appeal dated 25th March, 1993 in respect of a divorce petition which was filed by the husband (Appellant) for

1. The dissolution of his marriage to wife Respondent.

2. Custody of the children of the marriage and

3. That the Appellant be declared the owner of House No. M9 South Effiakuma Estate Takoradi.

The Respondent wife cross petitioned for dissolution of the marriage, custody of the children and a declaration that she is the owner of House No. M9 South Effiakuma Estate Takoradi among other reliefs.

On the 22nd December 1986 Isaac Amuah J (as he then was) who heard the case found that the marriage had broken down beyond repair he, dissolved the marriage and adjourned the case for the hearing of the ancillary reliefs.

Essilfie-Bonzi J. as he then was tried the ancillary relief issues and after hearing evidence gave judgment on 18th June 1990 for Respondent holding that she was the sole owner of House No…

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