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LUTTERODT JA.
In 1958, the petitioner, whom I shall hereinafter describe as “the appellant” was married to the respondent, S A Mensah, now deceased, under customary law. Following the breakdown of their marriage, she instituted proceedings in the High Court, Accra for a number of reliefs, including the following:
“2. That the respondent 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, appealed against the decision. The appellant in tur…