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JUDGMENT
J U D G M E N T
RICHARD ADJEI-FRIMPONG JA:
The quest of this trial as is usual with matrimonial causes was for the trial Circuit Court
to determine issues of dissolution of the parties’ marriage, property se:lement and
child custody.
The parties contracted a customary marriage in 1980 and later in 1999, had same
converted into an ordinance marriage. The relationship was blessed with four children
namely Amanda--30 years, Josephine—26, Michael—23 and Joel—11.
From the facts, the relationship had in recent years turned acrimonious a key
manifestation of which had been their living apart. The wife (petitioner), who is a trader
has been living with the children in the matrimonial home whilst the husband
(respondent) an accountant, lives elsewhere.
At the trial, not much turned on the dissolution of the marriage. The parties were ad
idem that their marriage had broken down beyond reconciliation. Indeed, both had, in
the petition and response respectively, asked for dissolution. The petitioner in addition
asked for an order to be declared a joint owner of the matrimonial home at Santa Maria
and two other properties namely, a block of seven shops at Santa Maria and another of
four shops with one bedroom apartment at Sowutuom all in Accra. She also prayed that
custody of Joel the last and only child who had not a:ained majority at the time be
granted to her.
The respondent also sought a dissolution of the marriage and likewise custody of Joel.
He contested the claim that the properties be declared jointly owned for the reason that
the petitioner in no way made any contribution towards their acquisition.
The trial judge without much ado dissolved the marriage. He proceeded to se:le the
matrimonial home in favour of the respondent, the Sowutuom property in favour of the
petitioner and the block of seven shops between the two of them, four to the respondent
and three to the petitioner. He also granted custody of Joel to the respondent.
The petitioner is dissatisfied with the decision and appeals in this court on the following
grounds:
1. That the learned trial erred in not declaring the petitioner as joint owner of all the
properties acquired jointly by the parties in the course of the marriage.
2. The learned trial judge erred in sellingthe matrimonial home on the respondent.
3. The learned trial judge erred in granting custody of Joel Acheampong Affram
Mensah to the respondent even though the said child had at all times been in t