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The Court of Appeal sitting in Sierra Leone’s North-Eastern Province has established a significant legal precedent affirming that women are entitled to a proprietary interest in property acquired during marriage where there is clear evidence of financial contribution or a common intention giving rise to a constructive trust.
The landmark ruling was delivered in the appeal case of Francis Tarawallie v. Satia Koroma, which challenged an earlier decision on the distribution of matrimonial property.
Delivering the lead judgment, Hon. Justice Jamestina King held that ownership rights over matrimonial property must be determined on the basis of evidence, equitable principles, and the specific circumstances of each case, rather than solely on legal title. The judgment was unanimously endorsed by Hon. Justice Bangura and Hon. Justice Mamie.
The Court ruled that a spouse who can demonstrate financial contribution towards the acquisition, development, or improvement of property during marriage, or establish a common intention between the parties regarding ownership, is entitled to a beneficial proprietary interest under the doctrine of constructive trust.
The judgment is widely regarded as a landmark development in Sierra Leone’s matrimonial property jurisprudence, providing greater legal clarity on the determination of ownership rights between spouses.
It reinforces the principle that marriage does not automatically extinguish an individual’s proprietary interest and that courts must consider both direct and indirect contributions when resolving disputes over matrimonial assets.
Legal observers say the decision strengthens the protection of women’s property rights and advances the application of equitable principles in matrimonial disputes, ensuring that ownership claims are determined by evidence and fairness rather than formal registration alone.
Joseph Fitzgerald Kamara, Esq., who represented the successful party in the appeal, secured the ruling, which is expected to serve as an important judicial precedent for future matrimonial property cases across Sierra Leone. The decision is being viewed as a significant step towards promoting gender equality and ensuring the fair adjudication of property disputes arising from marriage.
