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UNITED SIMPSON & AYITEY CO. V. JEFFREY AND ANOTHER (JEFFREY-CLAIMANT)

(1962) JELR 65786 (HC)

High Court  •  17 Apr 1962  •  Ghana

Coram
OLLENNU J.

Appearances
BREDU-PABI FOR THE CLAIMANT; T. K. AGADZIE FOR THE PLAINTIFFS-JUDGMENT-CREDITORS.

Judgement
<p><strong>OLLENNU J.</strong></p><p> The claimant has raised objection to the attachment of the chattels, subject-matter of this claim, on the grounds that they are her property which she uses in common with the execution-debtor her husband, and that whatever interest the husband might have in them those interests are not such as could in law be attached in execution against him. The goods consist of household furniture and a car.</p><p>The general presumption of law is that household furniture of the description of that in this claim, i.e. chairs, tables, drinking glasses and the like, used by a married couple in the matrimonial home belong to the married couple in common, but are under the direct control of the house-wife who naturally would require them. for the proper administration and the efficient management of the home. The interest which either the wife or the husband has in such a property is indivisible. it is an incident to their conjugal relationship, and is of the same nature and species as the interest…</p>

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