Mensah v. Mensah

This case concerns the sharing of spousal property upon divorce. On 22 December 1986, the High Court dissolved the marriage between the husband (“H”) and his wife (“W”) on a petition and cross-petition for divorce filed by H and W, respectively. Subsequently, the Court heard the parties’ claims for ancillary relief in which both H and W claimed ownership of the same house. The High Court found that W was the sole owner of the house. H appealed to the Court of Appeal, which concluded that the main house belonged to both H and W but since the extensions to the house were solely funded by W, W was the sole owner of the extensions. H appealed this decision to the Supreme Court. The Supreme Court found that H made some contribution to the extensions as well as to the household expenses and the clear intention of the parties in acquiring the extensions was to provide more space in the house for their joint benefit and that of their children. It was therefore held, dismissing the appeal, that the principle that property jointly acquired during marriage became joint property applied; and such property was to be shared equally on divorce.