2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
In this Ghana Court of Appeal decision authored by Angelina M. Domakyaareh, JA, the court reviewed a matrimonial property dispute following the dissolution of a customary marriage celebrated on 21 December 2002. The High Court had dissolved the marriage and ordered extensive settlements over properties in Kumasi and Accra, a jointly purchased London home, plots and developments at Ayeduase and Ahenema Kokoben, vehicles, and a teak plantation registered in the Respondent’s company, C & B Farms Ltd. On appeal, the Petitioner challenged ancillary orders. The Court of Appeal overruled procedural objections under CI 19 and applied Article 22 and Act 367 with case law emphasizing equitable, fact-sensitive distribution recognizing substantial non-monetary contributions. It affirmed the Respondent’s 50% share of the London property, Plot 7 at Ayeduase, the Ahenema Kokoben flats (ordering cancellation of a title transfer to the Petitioner’s mother), and vehicles, as well as a GH¢250,000 financial provision (less GH¢100,000 already paid). It set aside the conveyance of the Atasomanso matrimonial home but ordered valuation and payment of 60% of its value to the Respondent, held the Regimanuel Estates house remained the Petitioner’s under resulting trust principles, and split future teak proceeds equally while confirming land title to the Petitioner.
DOMAKYAAREH (MRS.), JA:
[1] This appeal is against portions of the judgment of the High Court, Kumasi dated 20th July 2018. The case is a matrimonial cause in which the Petitioner petitioned for a dissolution of their customary marriage celebrated on 21st December, 2002 and for other ancillary reliefs while the Respondent in her ANSWER also cross- petitioned for the dissolution of the marriage and also for ancillary reliefs. In this judgment, for ease of reference, the Petitioner/Appellant and the Respondent/Respondent will retain their respective titles at the trial court as Petitioner and Respondent respectively.
[2] The ancillary reliefs claimed by both parties respectively are detailed out herein below: -
RELIEFS CLAIMED BY PETITIONER:
a). Dissolution of the customary marriage celebrated between the parties on 21st day of December 2002.
b). Any order(s) as the justice of the case would require in terms of the provisions in the Matrimonial Causes Act, 1971, Act 361 and other relevant Legislations.
RELIEFS CLAIMED BY RESPONDENT AFTER CROSS-PETITION:
a). The marriage between the parties be dissolved.
b). The Petitioner (Sic) Respondent be granted her half share of all properties acquired during the pendency of the marriage as itemized in paragraph 25(a), (b). (c), (d) and (e) of the ANSWER.
c). The Petitioner be ordered to pay the cost of, and incidental to this suit.
The Properties listed under the said paragraph 25 of the ANSWER are as follows: -
(a). House No. Plot 1, 17TH Street, Atasomanso, Kumasi. This is the parties’ matrimonial house in Kumasi. This was acquired by the Petitioner before his marriage with the Respondent but was only started and not even habitable. It was the Respondent who took charge of same and completed it to the present state to the extent of even changing the original plan to befit the status of the parties even though the funds were provided by the Petitioner. The Petitioner has now locked her out of the matrimonial home.
(b). House No. 218 Airport West, Next to Ex-President Kuffour’s House.
This house was acquired during the pendency of the marriage and it is the parties’ matrimonial home in Accra. It was an old house belonging to Ashanti Gold Fields. The rehabilitation work on the house was done by the Respondent. She had to convey black soil and manure with her car from Kumasi to Accra to undertake the landscaping. The Petitioner has now locked her out of this house too.
(c). 56 Vanbrough Crescent Northol