Eric Kofi Agyei Addo v. Salome Aku Allotey

TORKORNOO, JSC:

This is a case that continues the raging evolution of family law that has been galvanized by Article 22 of the 1992 Constitution.

Article 22 subsection 3b provides that:

22.3.b. ‘assets which are jointly acquired during marriage shall be distributed equitably between the spouses upon dissolution of the marriage’ The Appellant to this appeal was the Respondent in the high court.

The Respondent to this appeal petitioned for divorce.

In this judgment, the Respondent/Appellant will be referred to as Appellant, and Petitioner/Respondent referred to as Respondent.

In the High Court, the Respondent sought the following orders: That the marriage between the parties be dissolved.

1. 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 Respondent.

2. 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.

3. Such other reliefs (s) as in the circumstances may seem meet.

In an Answer and Cross-petition, the Appellant urged that during the period of marriage, she and the Respondent commenced two businesses called Atlas Pharmacy Ltd and Stoment Ltd out of which various assets were realized.

She claimed for the following reliefs in her cross petition: Cross-petition

a. The Respondent be given custody of the children of the marriage.

b. An order that house No. 10, Nii Ababio Street, Ogbojo, East Legon be settled in favour of the Respondent.

c. An order that house No. 218 Abercain Road, Streatham vale, 16 SW 5 AQ United Kingdom be settled in favour of the Respondent.

d. An order that house No. 2 Stoneleigh Part Avenue, Croydon, CR0 7SL, United Kingdom be settled in favour of the Petitioner.

e. An order that the Respondent be declared a 50% shareholder of Atlas Pharmacy Limited.

f. An order that the Respondent be declared 50% shareholder of the Stoment Company Limited.

g. An order that the Respondent be given 50% of the under listed vehicles:

i. 2 Toyota Vans with registration numbers ER 2345-X and ER 7856-X.

ii. 3 Toyota Corollas with registration numbers GE 3058-X, GN 864-Z, GS 1271-09 and GN 2992-12.

iii. I Mercedes Benz with registration number GR 8246-w for the private use of the Petitioner.

1 BMW Saloon car with registration number GT 6363-X for the private use of the Respondent.

v. Mercedes Benz with registration number GN 7555-12

h. An order of