Account fully for all money received, return Mercedes Benz C230-Court orders ex-customary wife
"Save that the 1st Defendant is declared to be the owner of the property described as Property No. B22, Emefs Lagoon View Estates, Sakumono, Tema for the reasons stated in paragraph 125 above, all the reliefs in the Counterclaim are DISMISSED"
The High Court presided over by Justice Kweku T. Ackaah-Boafo has ordered a customary ex-wife of an American-based man to fully account for all money received from him between 2005-2008 for projects undertaken for him.
Additionally, the court told Madam Stella Andrews to return to the plaintiff, a Mercedes Benz Car C230 which was found to have been purchased with his money.
The plaintiff, a US-based man, Edward Ofori Amoah initiated this action against his ex-customary wife, with whom he had four children, and his ex-father-in-law for among others, recovery of various sums of money sent to her for properties undertaken for him.
Additionally, an order directed at the woman to effect changes to the document of a store at Spintex road from her name into his name.
Furthermore, he asked for a recovery of personal properties of his which were still in the ex-wife’s custody, and various sums of money totaling €717,220.00, US$4,000.00, ₵577, 400, 000 (old cedis) and GH¢100,619.00 from 2005 to 2008.
However, the woman in her statement of defense made some counterclaim reliefs for a declaration of title to various properties including;
Declaration of title to Property No. B22, Emefs Lagoon View Estates, Sakumono, Tema.
Declaration of title to a three – Storey shop complex building on Spintex Road, Baatsona, Tema.
Declaration of title to the one–storey Coastal Estate Property, Tema.
A claim of equitable share in the following properties: -
The residential property at Rainbow, Tema.
The one-story residential property at Coastal Estate, Tema.
The Nyankyinase Property in Kumasi.
The Bodomase Property in Kumasi.
The Kumasi Complex Property.
The Hotel Complex at Abrafo near Jukwa in Cape Coast.
Further to this, the defendant averred that she was deceived by the man that he did not have a wife and that was why she agreed to marry him as a spouse, it was their joint decision to acquire properties in Ghana as security for the future of their children.
She added that there was no contractual agreement between her and the plaintiff from the onset on the numerous civil construction projects they undertook because she naturally conceived the same as part of her nuptial responsibilities” having been made to believe that Plaintiff had no other wife.
On the issue of the estate at Lashibi thus House No. A14 Emefs Lagoon noted that she used her money to acquire it after changing from hairdresser to trading.
Another contentious issue was the ownership of the Mercedes Benz C230 which the woman noted that she bought with her own money when she traveled to Germany.
However, in the course of the trial, the court made a finding of fact per the testimony of Mr. Acheampong, the agent of the plaintiff that the said car was purchased with the plaintiff’s money.
Therefore in its ruling, the court ordered the woman to return the same to the man and dismissed all her counterclaims relative to the numerous properties.
On the other hand, the court granted her ownership of Property No. B22, Emefs Lagoon View Estates, Sakumono, Tema
Additionally, she was ordered to account fully for all money received from the man for the numerous projects she supervised for him, between 2005 to 2008.