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RAMIA
V.
RAMIA

(1980) JELR 69238 (CA)

Court of Appeal 14 Apr 1980 Ghana
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- The Court of Appeal affirmed that where a husband acquires property in the wife's name and there is clear evidence of intention to benefit her, the equitable presumption of advancement prevails, absent rebuttal evidence of an intent to re

Case Details

Judges:FRANCOIS JA,EDUSEI JA,EDWARD WIREDU J.A.
Counsel:M. ATADIKA (WITH HIM MAWUKO) FOR THE APPELLANT; THOMPSON FOR THE RESPONDENT.
Other Citations:[1980] GLR 275

FRANCOIS J.A.

The appellant is a foreigner resident in Ghana. In April 1958 he abandoned his Christian faith to embrace the Moslem religion. This was the price he had to pay to win his wife, the respondent. The marriage was celebrated in accordance with the Marriage of Mohammedans Ordinance, Cap. 129 (1951 Rev.), and registered on 25 April 1958. There had before then been three early years of cohabitation under the umbrella of a customary union.

This brief account of the marital history of the parties assumes some significance later in this judgment and it is recapitulated to dispose of a submission that the parties were not legally married. It is enough, however, to say for the present, that the parties admit these facts in their pleadings and in their testimony in the court below.

Turning again to the facts, long before this action was brought, the period of conjugal bliss had run its course. A number of incidents which are not relevant to a decision in this matter, had soured relation…

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