Yussif Vrs Musah [2023] GHADC 477 (13 February 2023)

Yussif Vrs Musah [2023] GHADC 477 (13 February 2023)

The property was jointly acquired during marriage, but the defendant unreasonably withheld consent to the sale and shifted her position after making demands for improvements to the new house. The sale is not set aside and the defendant's continued occupation is wrongful.

Citation
[2023] GHADC 477
Parties
Plaintiff: Mohammed Yussif; Defendant: Ayishetu Musah
Court
District Court
Jurisdiction
Ghana
Judgment Date
13 February 2023
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Jointly Acquired Property, Matrimonial Property, Sale of Land, Spousal Consent
Source Language
English
Property Law Family Law Jointly Acquired Property Matrimonial Property Sale of Land Spousal Consent

Case Brief

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Parties

Mohammed Yussif

Plaintiff

Ayishetu Musah

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the property in dispute is a jointly acquired property of the defendant and Mr. Issah Amadu Baba
  2. 2 Whether the sale of the property in dispute should be set aside

Ratio Decidendi

The property was jointly acquired during marriage, but the defendant unreasonably withheld consent to the sale and shifted her position after making demands for improvements to the new house. The sale is not set aside and the defendant's continued occupation is wrongful.

Court Disposition

judgment for plaintiff

Orders

  • Declaration that defendant’s continued stay in the property is wrongful
  • Defendant ordered to vacate the property forthwith