Court declares woman owner of 5-bedroom Parkoso house as self-acquired, dismisses ex-lover’s claim
By DL News
Published
2 min read
Presided over by Justice Dr. Poku Adusei (JA), the court held that the disputed land and the 5-bedroom house built on it were Sarfowaa’s self-acquired property.
The High Court in Kumasi has declared Diana Sarfowaa, a Paris-based woman, the lawful owner of House No. 04, Gyasi Close, Parkoso, Kumasi, dismissing a claim by her ex-husband.
Presided over by Justice Dr. Poku Adusei (JA), the court held that the disputed land and the 5-bedroom house built on it were Sarfowaa’s self-acquired property. Evidence showed she purchased the land in 2002 and constructed the house in the name of her son for her family’s use.
Background of the Case
Sarfowaa, who has always resided in Paris, brought the action against her ex-husband and another defendant, seeking:
A declaration that the Parkoso house was her personal, self-acquired property.
An order of perpetual injunction restraining the defendants, their agents, or assigns from interfering with the property in any way.
Plaintiff’s Case
Acting through her lawful attorney, Sarfowaa stated that she acquired the land in 2002 through her auntie. At her instruction, the allocation note was issued in the name of her son, Klinsman Darko.
She further explained that she only married the first defendant in 2006, several years after purchasing the land and completing construction. From the time the house was completed, her family members had been the occupants.
Defendant’s Case
The first defendant, Yaw Poku, contended that the property was jointly acquired during their marriage. He claimed to have contributed 50% of the purchase price towards acquiring the land.
Cross-Examination Revelations
During cross-examination of the plaintiff’s sole witness, whom the court considered material, it emerged that after the allocation note had been prepared in the name of Sarfowaa’s son, the defendant approached the witness and had the document changed to include his name and that of another person.
The court found no credible evidence from the defendant to support his claim of contributing to the acquisition or construction of the property.
Judgment
Justice Dr. Poku Adusei concluded that:
The land was purchased in 2002 by Sarfowaa through her auntie, in the name of her son.
The five-bedroom house was constructed before her marriage to the defendant in 2006.
The defendant failed to prove any financial contribution towards either the acquisition of the land or the building’s construction.
On this basis, the court declared the disputed property the sole, self-acquired property of Diana Sarfowaa and dismissed the ex-husband’s claim in its entirety.
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