The Supreme Court of Ghana has set what many have described as a good precedent by granting ownership of properties a woman acquired in Ghana through her intended husband. .
According to dennislawnews.com, the plaintiff, an Italian-based ‘commercial sex worker’, Ama Serwaa, and the defendant, Issaka Hashimu, who are both migrant workers, met in Italy and cohabited, fell in love for a period, making the woman develop a firm belief that marriage was imminent.
As a result, the woman made an arrangement with the man to acquire properties in Ghana and even shipped a vehicle in 2002 which was not accounted for, when she returned to Ghana after having lost her travel documents.
Additionally, she adds that while she was in Ghana, they cohabited at a rented place at Tantra Hills while their Madina house was still not completed.
Subsequently, Ama Serwaaa went to stay at their Madina house but claimed was forced to move due to harassment she suffered at the hands of Issaka Hasimu and his sister.
Later, she had a stillbirth within the period that their relationship broke down and had mental issues due to the myriad of challenges she faced afterward.
After being subjected to treatment and recovering, Ama Serwaa says she returned to Accra only to find out that her intended husband had married someone else.
She thus issued a writ in September 2008 against Issaka and one other for breach of promise to marry seeking inter alia.
The case which traveled from the High Court through the Appeals Court to the Supreme court was settled in a unanimous decision overturning a previous decision by the Appeals Court.
The Supreme Court held that the plaintiff, Ama Serwaa on a balance of probabilities, had proven her claim against the defendant thus setting aside the decision of the Court of Appeal.
Read the General Damages upheld by the Supreme Court for breach of promise to marry below
Refund of loans to the tune of E20,000 from 2nd Defendant with interest thereon from ——- to date of payment.
½ of the property at Madina and Ajirigano
½ of the 7 machines brought in with Plaintiff’s money which have been in the custody of 2nd Defendant as well as an account of proceeds from same to date.
As against 1st Defendant an account for proceeds from the sale of seven cars sent to him by Plaintiff and reimbursement to her of the sum with interest thereon.
Return to Plaintiff of the shop at Makola now occupied by 1st Defendant and general damages for the deprivation of Plaintiff
Any other relief.