2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Alex B. Poku-Acheampong J.A., heard an appeal by the Respondent/Appellant challenging the Kumasi Circuit Courts order to share the Ayeduase matrimonial home equally. The property had been mortgaged to HFC Bank (now Republic Bank), and the High Court, Commercial Division, Kumasi had in 2012 ordered its judicial sale to satisfy an overdraft debt. The appellant argued that a lower court cannot make property orders over a property subject to a High Court execution. The Court of Appeal agreed that the house is matrimonial property under Mensah v Mensah and Quartson v Quartson and that section 20 of the Matrimonial Causes Act permits property settlements, but held the Circuit Courts order should have been framed to respect the High Courts judicial sale. It amended the order so that, upon sale, the outstanding loan is paid and any remainder is shared 50/50; otherwise equal sharing stands. No order as to costs was made.
POKU-ACHEAMPONG, J.A.:
This is an appeal against the judgment of a Kumasi Circuit Court dated 25th March 2019. The Petitioner/Respondent who was married to the Respondent/Appellant filed a petition on 5/10/16 praying the court for the following reliefs:
a. An order dissolving the customary marriage contracted between the Petitioner and the Respondent in 1998.
b. An order granting custody of the last issue of the marriage, Christable Achiaa Agyapong to the Petitioner with limited access to the Respondent.
c. An order directing the Respondent to pay such maintenance and financial provision to the Petitioner pending suit for the upkeep of the Petitioner and the issues of the marriage.
d. An order for the recovery of Five Thousand, Three Hundred and Twenty Ghana Cedis (GH¢5,320.00) with interest being the amount borrowed by the Petitioner for the maintenance of the Petitioner and the issues of the marriage for the one year when the Respondent stopped maintenance payment.
e. An order directing the Respondent to pay alimony of Sixty Thousand Ghana Cedis (GH¢60,000.00).
f. That the Respondent be mulcted in the Petitioner’s cost including solicitor’s legal fees.
g. An order distributing the properties which were acquired by the parties during the subsistence of the marriage equally, as follows:
i. House No. Plot 23 Block ‘S’ Ayeduase New Site.
ii. One plot at Ayeduase New Site whose Plot no. is unknown.
iii. Nissan Van with Registration No. As 2456 S.
iv. Mercedes Benz with Registration No. AS 2450-13.
h. An order of perpetual injunction restraining the Respondent either by himself or his agents, workmen, assigns et al from disposing off or dealing in any manner with any of the above mentioned marital property or interfering with the Petitioner’s stay in the matrimonial home until final determination of the suit.
For ease of reference the parties shall retain their designation of Petitioner and Respondent in the trial court.
The Petitioner who has four issues with the Respondent claimed that the Respondent had shown unreasonable behaviour towards her which unreasonable behaviour included.
a. Accusing her falsely of committing adultery
b. Not maintaining the last issue of the marriage
c. Not engaging her in any form of conversation as a spouse.
d. Leaving the matrimonial home.
The Respondent on his part filed an answer on 2/2/17 but did not cross petition for anything. He averred that the customary marriage between the parties had been dissolved