RICHMOND BOAMAH BERIMAH
V.
ALBERT NANOR, JANET OPOKU AND PASTOR DAN CATO

(2021) JELR 109035 (SC)    
Supreme Court  ·  J4/22/2020 ·  24 Mar 2021 ·  Ghana
CORAM
DOTSE JSC (PRESIDING), MARFUL-SAU JSC, N. A. AMEGATCHER JSC, LOVELACE JOHNSON (MS.) JSC, PROF. MENSA-BONSU (MRS.) JSC
Core Terms Beta
property
evidence
2nd defendant
appeal
high court
grounds of appeal
1st defendant
resulting trust
appellate court
3rd defendant
presumption of advancement
dr. k.k. sarpong
honourable court
wife’s name
attorney of 2nd defendant
plaintiff’s claims
supreme court rules
1st february
account of these facts
bonafide owner of house no. kw
consequence of such assumptions
courts
cross-appeal
decision of the court of appeal
defendant’s counterclaims
economic difficulties
end of a lengthy trial
entire record
further orders
improper application of a principle of evidence
instant appeal
kofi kodua sarpong
landed property
measure of trust
omnibus ground
plea of advancement fails
said piece
simple facts
specific grounds
true facts of the case
unanimous decision of the court of appeal
way of advancement
weight of the evidence

JUDGMENT

PROF. MENSA-BONSU, JSC

The events that have given birth to this case evoke the wise observation of the Scottish  poet Sir Walter Scott, 

“Oh what a tangled web we weave,  

When first we practice to deceive.”  

This case involves a dispute about the ownership of landed property between a husband  and wife and the social fallouts from the economic difficulties that have afflicted the  nation over the past forty odd years, leading couples to adopt all manner of strategies,  including ‘distance marriages’ to secure their economic well-being and the survival of  their families. The cultural assumptions underlying notions of marriage in Ghana, in  which a woman is dependent upon her husband, and the husband is the one who has the  means to acquire landed property which may be held solely in his name, have come  under some strain. In consequence of such assumptions, ownership of, and title to landed  property held in the wife’s name is seen as a deviation from the normal, and often  int…

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