CHARLES KWASI OPPONG VS LINDA OBENEWA OPPONG
2024
COURT OF APPEAL
GHANA
CORAM
- P. BRIGHT MENSAH JA (PRESIDING)
- JEROME NOBLE-NKRUMAH JA
- HAFISATA AMALEBOBA (MRS) JA
Areas of Law
- Family Law
- Property and Real Estate Law
2024
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case involves an appeal by the petitioner against the judgment of the High Court, Nsawam involving divorce, custody, and property settlement. The marriage between the parties had broken down irretrievably, and the petitioner sought divorce and joint custody of their children, while the respondent sought custody, maintenance, and property settlement. The lower court granted the divorce, custody to the respondent, and made property settlement orders. The petitioner appealed claiming the judgment was against the weight of evidence. The Court of Appeal reviewed the evidence and upheld the divorce and custody order but ruled that the property should be shared equally following the jurisprudence of equality principle. The appeal succeeded in part, setting aside the lower court's property settlement order and affirming the custodial arrangements.
BRIGHT MENSAH JA:
The instant appeal launched by the petitioner/appellant herein, is against the judgment of the High Court, Nsawam delivered 21/11/202. The judgment of the lower court appears on pp 87-93 of the record of appeal [roa]. Being dissatisfied with the judgment, the petitioner/appellant filed a notice of appeal complaining that the judgment is against the weight of evidence. See: p. 101 of [roa]. Although it was indicated in the notice of appeal that further grounds of appeal may be filed upon receipt of the proceedings that was never done. Therefore, it is only that omnibus ground of appeal that this court is being called upon to consider and determine in this appeal.
The petitioner/appellant shall hereinafter be referred to simply as the petitioner whilst the respondent/respondent shall be referred to as the respondent.
My Lords, the chief question in this appeal turns on whether the property settlement the lower court decreed was fair and equitable.
The petition:
On record, the petitioner filed in the registry of Nsawam High Court, a petition for divorce claiming that his marriage to the respondent has broken down beyond reconciliation. According to the petitioner, the respondent has behaved in such a way that he cannot reasonably be expected to live with her. The petitioner gave particulars of the alleged unreasonable behaviour of the respondent. See: pp 2-4 [roa].
Flowing from the above, the petitioner prayed the lower court to decree:
1. That the marriage in fact celebrated between the parties be dissolved.
2. An order for joint custody of the three (3) issues of the marriage.
3. That each party bears his or her own cost.
4. Any further order/orders by the honourable court.
Answer to the petition:
Now, in a 11-page answer to the petition, the respondent substantially denied the allegations contained in the petitioner’s petition. In a twist, the respondent rather levelled an allegation of unreasonable behaviour against the petitioner, the particulars of which she provided on p. 2 of her Answer. Consequently, the respondent cross-petitioned as follows:
1. That the ordinance marriage celebrated between the petitioner and the respondent on 2nd March 2008 be dissolved.
2. An order of maintenance, provision of health, education and shelter of the children of the marriage.
3. That respondent be granted custody of the children of the marriage, Akosua Kwakyebea Oppong (12 years), Ama Anyama Oppong (9) years, Elia Kwabena