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(1993) JELR 66842 (CA)

Court of Appeal 25 Mar 1993 Ghana
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- The appellate court overturned the trial judge’s finding that the respondent was sole owner, holding that both petitioner and respondent are joint owners of the main house based on evidence of joint intention and contributions, applying t

Case Details

Judges:AMPIAH JSC, ESSIEM JA, ADJABENG JA
Counsel:CARSON FOR THE APPELLANT; BODZA-LUMOR FOR THE RESPONDENT.
Other Citations:[1993-94] 1 GLR 111

AMPIAH JSC.

The petitioner-appellant (hereinafter referred to as the petitioner) petitioned for, inter alia, a dissolution of his marriage with the respondent-respondent (hereinafter referred to as the respondent). He also claimed for custody of the children of the marriage and asked that he be declared the owner of the house No M 9 South Effiakuma Estate, Takoradi. The respondent on the other hand cross-petitioned for a dissolution of the marriage; custody of the children and ownership of the same house. She also claimed for alimony, maintenance and costs in the proceedings. Later the respondent applied to have her answer amended to enable her claim for maintenance for the children.

On 15 December 1986 counsels having agreed that the marriage had broken down beyond reconciliation, the court dissolved the marriage between the parties on 22 December 1986. The court did not make any order with regard to custody of the children since it found it unnecessary to do so because the children of…

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