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…

OPAREBEA V. MENSAH

OPAREBEA
V.
MENSAH