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GIFTY ESINAM ADJEI v. DANIEL AKPOR ADJEI

June 15, 2022

SUPREME COURT

GHANA

CORAM

  • YEBOAH CJ (PRESIDING)
  • PWAMANG JSC
  • AMEGATCHER JSC
  • HONYENUGA JSC
  • KULENDI JSC

Areas of Law

  • Family Law
  • Property and Real Estate Law
  • Civil Procedure
  • Evidence Law
  • Constitutional Law

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.

JUDGMENT