AMMA OWUSU SARPONG v. KOJO OWUSU SARPONG
2025
SUPREME COURT
GHANA
CORAM
- LOVELACE-JOHNSON (M.S.) JSC (PRESIDING)
- ASIEDU JSC
- DARKO ASARE JSC
- ADJEI JSC
- ACKAAH-BOAFO JSC
Areas of Law
- Family Law
- Property and Real Estate Law
2025
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court considered Amma Owusu Sarpongs appeal challenging the Court of Appeals variation of a High Court order that had awarded her 50% of a house at Tetegu/Kasoa associated with her marriage to Kojo Owusu Sarpong. The Court of Appeal reduced Ammas interest to 20%, finding that Kojo acquired the land and built up to window level before the marriage and that any subsequent contributions by Amma did not warrant equal division. On final appeal, the Supreme Court held the Tetegu property was not a matrimonial home, emphasized equitable distribution under Article 22(3), and found Amma failed to prove substantial financial contribution given bank records showing refunds. It affirmed the Court of Appeals 20% allocation and dismissed the appeal.
[1] My Lords, this appeal brings into sharp focus the contentious issue of spousal property distribution in Ghana, as governed by Article 22 of the 1992 Constitution. Specifically, it invites this Court to determine whether the analytical framework established
in leading authorities such as Mensah v. Mensah (1998–99) 2 GLR 350, Boafo v. Boafo (2005–2006) SCGLR 705, and subsequent decisions such as Mensah v Mensah [2012] 1 SCGLR 391, Quartson v Quartson [2012] 2 SCGLR 1077, Arthur (No. 1) v. Arthur (No. 1) (2013–2014) 543 — which dealt with the distribution of spousal property after the dissolution of marriage — is being appropriately applied by trial courts.
[2] Amma and Kojo Owusu Sarpong were married under customary law in 2002. They celebrated an ordinance marriage on Valentine’s Day, 2005. From the evidence, they separated sometime in November 2015, when, according to Amma, Kojo refused her advances for intimacy, though they remained in the same home until sometime in 2017, when Amma left after making a complaint of domestic abuse to the police. The police attended at their residence and subsequently arrested Kojo, though no charges were laid against him.
[3] The Owusu Sarpongs have no children together, although Mr. Owusu Sarpong has two adult children who, according to the evidence, have never lived with them. The petition, which has given rise to this appeal, was filed by Mrs. Owusu Sarpong in October 2018 at the High Court, Koforidua.
[4] The parties contested two principal issues: first, whether the marriage had broken down beyond reconciliation and was therefore ripe for dissolution; and second, whether the Petitioner was entitled to an equitable share of the house that Mr. Owusu Sarpong began constructing prior to their relationship but completed during the marriage. Following a brief trial, the High Court dissolved the marriage and awarded the Petitioner a fifty percent (50%) interest in the property. Dissatisfied, the Respondent appealed to the Court of Appeal, which, in a unanimous decision, overturned the judgment of the trial court.
[5] The Court of Appeal held that the High Court erred in granting the Petitioner a 50% interest in the house. It instead granted the Petitioner a 20% interest. This appeal is by the Petitioner, who is dissatisfied with the decision of the Court of Appeal.
[6] Amma Owusu Sarpong bases her appeal on two main grounds and prays this Court to set aside the