By Kadijatu Bangura, Daily Scope Reporter
The Court of Appeal sitting in Sierra Leone’s North-Eastern Province has delivered a landmark judgment affirming that women have a legal right to a share of property acquired during marriage, where there is evidence of financial contribution or a shared intention of ownership.
The ruling was made in the case of Francis Tarawallie v. Satia Koroma, which sought to overturn an earlier decision on the distribution of matrimonial assets.
In the lead judgment, Hon. Justice Jamestina King stated that determining ownership of matrimonial property must go beyond legal title. She said courts should rely on evidence, equitable principles, and the facts of each case. The decision was unanimously concurred with by Hon. Justice Bangura and Hon. Justice Mamie.
The Court ruled that a spouse who proves financial input toward the acquisition, development, or improvement of property during marriage, or demonstrates a common intention with their partner regarding ownership, is entitled to a beneficial interest under the doctrine of constructive trust.
Legal analysts say the judgment provides much-needed clarity in Sierra Leone’s matrimonial property law. It establishes that marriage does not erase an individual’s proprietary rights and that both direct and indirect contributions must be considered when resolving asset disputes.
The decision is being hailed as a major advancement for women’s property rights and for the application of fairness in family law. It is expected to guide future rulings on matrimonial disputes across the country.
The appeal was argued by Joseph Fitzgerald Kamara, Esq., on behalf of the successful party.
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