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ELIZABETH OSEI VRS. MAD. ALICE AFUA KORANG

(2013) JELR 107017 (SC)

Supreme Court  •  CIVIL APPEAL No. J4/27/ 2012  •  20 Feb 2013  •  Ghana

Coram
ANSAH J.S.C. (PRESIDING) ANIN YEBOAH, J.S.C. BAFFOE BONNIE, J.S.C GBADEGBE, J.S.C. AKOTO-BAMFO (MRS)J.S.C.

Judgement

J U D G M E N T

 

                                                        

ANSAH JSC.

 This is an appeal from the judgment of the Court of Appeal dated 7th April 2011, which dismissed the judgment of the trial court declaring that the matrimonial home of house number B/208, Anya Onyinase Kokoroko, New Gbawe, was built by the late husband of the plaintiff and retraining the defendant from removing the plaintiff from the said matrimonial home. 

In the action at the High Court, the plaintiff claimed against the defendant the following reliefs:

“1 That the defendant be restrained from removing the plaintiff from her matrimonial, home.

2. A declaration that the matrimonial home situate at No. B/208 Anya Onyinase Kokoroko, New Gbawe, was built by her late husband.”

The case of the plaintiff was that she married one Stephen Kwame Osei the late deceased son of the defendant and the couple put up the house in dispute but after his death the defendant moved in claiming ownership thereto. I shall give m…

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