2022
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court, per Amegatcher JSC with Yeboah CJ, Pwamang JSC, Dordzie JSC and Amadu JSC concurring, addressed a divorce-related appeal focused on marital property distribution and financial provision. The couple married under customary law in 1997 and acquired a Ghanaian matrimonial home at Ogbojo, a one-acre Aburi land, two UK houses, vehicles, and operated Atlas Pharmacy Ltd. and Stomet Company. After the High Court dissolved the marriage and ordered valuation of the Ogbojo home with half its value payable to the Respondent, the Court of Appeal settled the Ogbojo home entirely on the Respondent, allocated the UK properties one apiece, treated Aburi land as marital property settled on the Petitioner, and increased the lump sum to GHS 300,000. The Supreme Court upheld most of the Court of Appeal’s orders, affirmed the Aburi land for the Petitioner and the UK allocations, sustained the GHS 300,000 lump sum based on equitable factors and domestic contributions, and varied the Ogbojo home to 70% for the Respondent and 30% for the Petitioner with a buy-out. It reaffirmed separate corporate personality for company assets and struck out an amended notice of appeal for procedural non-compliance, proceeding on the original grounds.
AMEGATCHER JSC:-
My Lords, this Appeal, like many of its counterparts which have been argued before this Court, contends one of two famed issues that arise in all matters of divorce; that is the distribution of spousal property.
Briefly, the Petitioner/Respondent/Appellant (hereafter referred to as “the Petitioner”) was prompted to marry the Respondent/Appellant/Respondent (hereafter referred to as “the Respondent”) under customary law sometime in 1997, when the Respondent became pregnant with the couple’s first child.
Their marriage saw the birth of two children, Awo Dede Addo and Agya Kwame Addo. Their marriage saw the construction of the parties’ matrimonial home at A.R.S, Ogbojo, the purchase of some vehicles, as well as the acquisition of two houses in the United Kingdom. Their marriage equally saw the creation and rise of two businesses: Atlas Pharmacy Limited, a pharmaceutical business and Stomet Company, a disk cutting business.
On 16th October 2012, the Petitioner petitioned the High Court for a dissolution of his marriage to the Respondent. He ultimately sought the following reliefs:
a)That the marriage between the parties be dissolved.
b)That the Respondent be granted custody of the children of the marriage until each of them is 18 years old, access being granted to the Appellant.
c)That an order be made for the sale of Plot No. 10, Nii Ababio Street, Ogbojo, ARS, East Legon, Accra and the net proceeds shared equally between the parties.
d)Such other reliefs as may seem fit.
As expected, the Respondent answered to Petitioner’s Petition on 12th December 2012, and Cross-Petitioned as follows:
a)Custody of the Children of the marriage.
b)An Order that house No. 10, Nii Ababio Street, Ogbojo, ARS, East Legon, be settled in favour of the Respondent.
c)An Order that house No. 218, Abecaim Road, Streathamvale, 16 SW 5 AQ, United Kingdom be settled in favour of the Respondent.
d)An Order that house no. 2, Stoneleigh Park Avenue, Croydon CRO 7SL United Kingdom be settled in favour of the Respondent.
e)An Order that the Respondent be declared a 50% shareholder of Atlas Pharmacy Limited.
f)An Order that the Respondent be declared a 50% shareholder of Stomet Company Limited.
g)An Order that the Respondent be given 50% of the underlisted vehicles.
i.2 Toyota vans with registration numbers; ER 2345 – X and ER 7856 – X.
ii.3 Toyota Corollas with registration numbers; GE 8246 W for the private use of the Petitioner.
iii.1 BMW Saloon car with