Serwaa Vrs Hashimu & Anor [2021] GHASC 151 (14 April 2021)

Serwaa Vrs Hashimu & Anor [2021] GHASC 151 (14 April 2021)

The Supreme Court held that the Court of Appeal erred by allowing and ruling on legal issues not pleaded in the notice of appeal and without giving the plaintiff an opportunity to respond, contrary to procedural rules. The Court further found that the plaintiff had proved, on a balance of probabilities, her entitlement to a share of the properties acquired during the relationship under the doctrine of constructive trust, and that the defendant could not rely on the alleged illegality of prostitution in Italy, as foreign law was not pleaded or proved at trial. The Court restored the High Court's judgment in favour of the plaintiff, except for costs paid to the 1st defendant.

Citation
[2021] GHASC 151
Parties
Plaintiff/respondent/appellant: Ama Serwaa; 1st Defendant: Gariba Hashimu; 2nd Defendant/appellant/respondent: Issaka Hashimu
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
14 April 2021
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal allowed; Court of Appeal judgment set aside; High Court judgment restored (except as to costs to 1st defendant)
Legal Topics
Breach of Promise to Marry, Constructive Trust, Appeals Procedure, Illegality and Public Policy, Burden of Proof
Source Language
English
Family Law Equity and Trusts Civil Procedure Breach of Promise to Marry Constructive Trust Appeals Procedure Illegality and Public Policy Burden of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 19 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Ama Serwaa

Plaintiff/respondent/appellant

Gariba Hashimu

1st Defendant

Issaka Hashimu

2nd Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the Court of Appeal erred in allowing legal issues not pleaded in the notice of appeal to be argued without leave
  2. 2 Whether the plaintiff discharged the burden of proof for her claims
  3. 3 Whether the legality of prostitution in Italy could be raised for the first time on appeal

Ratio Decidendi

The Supreme Court held that the Court of Appeal erred by allowing and ruling on legal issues not pleaded in the notice of appeal and without giving the plaintiff an opportunity to respond, contrary to procedural rules. The Court further found that the plaintiff had proved, on a balance of probabilities, her entitlement to a share of the properties acquired during the relationship under the doctrine of constructive trust, and that the defendant could not rely on the alleged illegality of prostitution in Italy, as foreign law was not pleaded or proved at trial. The Court restored the High Court's judgment in favour of the plaintiff, except for costs paid to the 1st defendant.

Court Disposition

appeal allowed; Court of Appeal judgment set aside; High Court judgment restored (except as to costs to 1st defendant)

Orders

  • High Court judgment in favour of plaintiff restored except for Ghc 5,000 costs paid to 1st defendant
  • Court of Appeal judgment set aside