OPAREBEA
V.
MENSAH

(1993) JELR 69440 (CA)    
Court of Appeal  ·  16 Dec 1993 ·  Ghana
 · 
Other Citations
[1993-94] 1 GLR 61
CORAM
LAMPTEY JA, ADJABENG JA, LUTTERODT JA
Core Terms Beta
evidence
trial judge
financial provision
family assets
beneficial interest
substantial contribution
respondent’s assets
settlement of property rights
high court
learned judge
learned trial judge
plot of land
trial court
amount of financial provision
husband’s business
husband’s properties
immovable property
respondent’s counsel
respondent’s house
sufficient grounds
award of financial provision
breakdown of their marriage
cases
circumstances of this case
claims of substantial contribution
commercial activity
course of his judgment adade jsc
course of these proceedings
court of appeal decision
cross-appeal
equal share
following opinion
following order
following reliefs
given property
great respect
joint efforts
lordship amua-sekyi jsc
main issue
matrimonial causes act
north ridge business
number of reliefs
original respondent
petitioner-cross appellant
petitioner’s matrimonial reliefs
positive findings
such sum of money
supreme court case of ribeiro v
useful purpose
variation of the order

LUTTERODT JA.: In 1958 the petitioner-cross appellant (hereinafter referred to as the appellant) got married to the original respondent, one S A Mensah, now deceased, in accordance with customary law. Following a breakdown of their marriage, she instituted proceedings in the High Court, Accra for a number of reliefs including the following:

“(2) That the petitioner be granted maintenance pending suit and financial provision.

(3) That it be declared that the petitioner has a beneficial interest in the family assets.”

By a judgment dated 14 December 1984, the learned trial judge ordered, among other things, as follows:

“For the petitioner’s matrimonial reliefs concerning financial provision and beneficial interest in the respondent’s assets, it is hereby ordered that the petitioner be given the respondent’s house at Tesano where the petitioner resides and has already staked her interests by making extensions thereto.”

The respondent who was not at all happy with this order in particular cau…

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