AMA SERWAA V. GARIBA HASHIMU & ISSAKA HASHIMU

JUDGMENT

PROF MENSA-BONSU (MRS.), JSC

This is a case which appears simple on its face, but which is not so, in reality, having arisen out of the relations of two migrant workers from Ghana who met and cohabited as a couple, in Napoli, Italy. The female believed they were in an amorous relationship and that marriage between them was imminent, whilst the male had other ideas and therefore initially disputed the basis of the belief of the existence of an amorous relationship. There is thus a mix of love, commercial sex work, misplaced trust, manipulation of the system and intrigue, to the befuddlement of lawyers and judges alike.

Although presented as one case, it actually consists of a total of three cases in the High Court; and an appeal to the Court of Appeal, which has culminated in the instant appeal to this honourable court. The equitable maxim “Equity will not suffer a wrong to be without a remedy” is a maxim that has been brought to life and prayed in aid in order to do justice for…