Family property

Sierra Leone — Court of Appeal · 2023

Principle established: Findings of fact by a trial judge, particularly regarding the source of funds for property acquisition and the credibility of witnesses, will generally be upheld unless shown to be clearly erroneous.

Sierra Leone — Court of Appeal · 2015

Principle established: Under the Devolution of Estates Act 2007, children born out of wedlock are not discriminated against and are entitled to share in the residue of their father's estate.

Sierra Leone — Court of Appeal · 2012

Principle established: A court may order the sale of a matrimonial home and equal division of proceeds where one spouse has no valid defence to a claim for partition or sale.

Sierra Leone — African Law Reports · 1950-56

Principle established: A testamentary devise that property be used as family property manifests an intent to benefit the testator's overall family, creating a joint tenancy among the named devisees rather than a severed tenancy.

Zimbabwe · 2025

Principle established: A court may vary, suspend, or rescind a property or maintenance order made during divorce proceedings upon a showing of good cause.

Sierra Leone — Court of Appeal · 1961

Principle established: A conveyance of estate property to a purchaser under an approved deed of family arrangement is valid where the purchaser completes payment of the outstanding purchase price.

Sierra Leone — Supreme Court · 1961

Principle established: A purported family arrangement executed under undue influence is invalid, and property conveyances executed mala fide and collusively by an administrator must be set aside.

Uganda · 2026

Principle established: A biological mother and sole guardian may be granted legal authority to manage and lease property held in the names of her minor children for their maintenance and welfare.

Sierra Leone — Court of Appeal · 2018

Principle established: A court may order the relocation of a party and the restoration of a spouse to the matrimonial home pending the return of the other spouse.

Sierra Leone — Court of Appeal · 2025

Principle established: In property disputes between spouses, a party's claim to an interest in property depends on demonstrating a direct or indirect financial contribution to its acquisition or improvement.

Zimbabwe · 2022

Principle established: In dividing matrimonial property upon divorce, courts consider the direct and indirect contributions of both spouses and may award shares based on the equitable distribution of assets held in trust.

Zimbabwe · 2025

Principle established: Upon divorce, the court aims for a just and equitable distribution of matrimonial property, considering the parties' contributions and any outstanding debts incurred during the marriage.

Zimbabwe · 2025

Principle established: Property acquired during an unregistered customary law union may be shared based on the principles of a tacit universal partnership, with apportionment reflecting the parties' respective contributions.

Ghana · 2025

Principle established: Upon the dissolution of a customary law marriage, the court may order the distribution of properties acquired by the parties during the subsistence of the marriage.

Zimbabwe · 2026

Principle established: Courts should not dismiss applications based on technical defects in form, as procedural rules allow for the condonation of non-compliance to ensure matters are heard on their merits.

Zimbabwe · 2025

Principle established: In divorce proceedings, the court determines the distribution of matrimonial property, including livestock and vehicles, based on what is just and equitable between the parties.