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CHRISTIANA QUARTSON v. PIOUS POPE QUARTSON

December 2, 2010

COURT OF APPEAL

GHANA

CORAM

  • YAW APPAU, JA
  • MARFUL-SAU, JA
  • AYEBI, JA

Areas of Law

  • Family Law
  • Property and Real Estate Law
  • Corporate Law
  • Civil Procedure

AI Generated Summary

On appeal from the High Court, Sekondi, the Ghana Court of Appeal (MARFUL-SAU, JA; with YAW APPAU, JA and AYEBI, JA concurring) reviewed ancillary reliefs arising from the dissolution of a marriage. The appellant sought custody of minor Perry, ejectment of the respondent from the matrimonial home in West Tanokrom, Takoradi, a lump sum of ¢500,000,000 (GH¢50,000), and corporate-related reliefs tied to Pious Trading and Construction Company Ltd. The record established that the respondent alone financed the house while often abroad as a seafarer, and the appellant supervised construction and purchased materials with respondent’s funds. Affirming the High Court, the Court of Appeal held that domestic services do not create joint ownership absent legislation, and refused corporate claims against the respondent because the company is a separate entity. However, to do substantial justice, the court increased the financial provision to GH¢50,000 and ordered payment of an additional GH¢15,000 within three months, otherwise affirming the judgment.

JUDGMENT