June 15, 2022
SUPREME COURT
GHANA
CORAM
AI Generated Summary
In this Supreme Court of Ghana appeal, Honyenuga JSC, writing for a five-judge panel including Chief Justice Yeboah, reviewed a marital property dispute between a husband and wife whose customary marriage lasted about sixteen years before conversion to an ordinance marriage at the Ledzokuku Krowor Municipal Assembly, Nungua, and later blessing at Christ Inventors Mission, Tsui Bleoo, Teshie. The High Court dissolved the marriage, awarded the wife a fifty percent share of properties acquired during the marriage and GH¢5,000, and the Court of Appeal unanimously affirmed. At the Supreme Court, ground (b) alleging misdirection was struck out under Rule 6(2)(f) of C.I. 16, leaving the omnibus ground that the judgment was against the weight of evidence. Upholding deference to concurrent findings and applying Article 22(3) and Act 367’s equitable distribution principles, the Court rejected unreliable photo timestamps and the husband’s proof on timing, affirmed divorce and financial provision, and varied distribution to award the wife three self-contained rooms or their value. The appeal was dismissed save for that variation.
HONYENUGA JSC:-
This is an appeal from the judgment of the Court of Appeal dated the 11th day of July, 2019 which affirmed the judgment of the High Court dated the 31st day of October 2016.
A perusal of the record of appeal reveals clearly that the appeal is essentially premised on the distribution of property rights between the parties. Therefore the issue arising in this appeal is whether or not the Petitioner/Respondent is entitled to fifty percent (50%) of the matrimonial house in issue as held by the High Court and the first appellate court.
In this judgment, the Respondent/Appellant/Appellant would hereinafter be referred to as the husband and the Petitioner/Respondent/Respondent as the wife.
BACKGROUND FACTS
This is a unanimous judgment of the Court of Appeal and the final orders made by the Court of Appeal after its Judgment were as follows:-
“The orders made by the court below are valid and should be carried out. The appeal by all indication lack merit and should be dismissed. It is hereby dismissed. We affirm the decision of the High Court and dismiss the appeal.”
What were the orders made by the High Court which were affirmed by the Court of Appeal. They were:-
“1. The said marriage is decreed to be dissolved.
2. The petitioner is entitled to 50% of the properties acquired in the course of the marriage. The building is to be valued and she given her one half share.
3. It is my considered opinion that it will be fair and just if she is awarded financial provision of five thousand Ghana Cedis (GH¢5,000.00).
4. The petitioner did not lead any evidence on the fact that the Respondent owes her seven thousand Ghana cedis (GH¢7,000.00). Her claim for the said amount of money fails.
5. Costs of three thousand Ghana cedis (GH¢3,000.00) is awarded to the petitioner.”
The facts were that the parties were customarily married for sixteen years and on the 24th July 2012 they converted the said marriage into an ordinance marriage which was celebrated at Ledzokuku Krowor Municipal Assembly at Nungua. The marriage was later blessed at the Christ Inventors Mission at Tsui Bleoo Teshie. There were no issues during the marriage. The husband was a mason and the wife a seamstress. The wife averred that prior to the marriage the husband had four children whom he brought to the matrimonial home and it was the wife who cared for them from infancy and treated them as her own children. She further averred that the husband behaved in unreasonable manner th