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KENNETH OFOSU-BARKO v. GERTRUDE GYAMFUA OFOSU-BARKO

2021

COURT OF APPEAL

GHANA

CORAM

  • KWOFIE J. A. (PRESIDING)
  • BAFFOUR J.A.
  • BAAH J.A

Areas of Law

  • Family Law
  • Civil Procedure

AI Generated Summary

On appeal from the High Court’s divorce property orders, the Ghana Court of Appeal, per Eric K. Baffour JA with Henry Kwofie JA (Presiding) and Eric Baah JA, reviewed distribution of marital assets between spouses married since 1976 and separated in 2009. The trial judge declared the parties joint owners of H/No 41A, First Avenue, Illovo, Sandton, Johannesburg, ordered equal sharing of rents, and equal division of funds in their NED Bank and UNFCU accounts as of July 2009, while allocating Trugem Consultancy to Respondent and Eagle Institute to Petitioner, and costs of GHS 5,000. Addressing challenges to rent sharing and alleged retroactivity, the Court held that retroactivity limits apply to legislation, not judgments, and limited rent accounting to post‑2008 (commencing 2009), with deductions for reasonable repair, maintenance, agency, and vacancy costs. It affirmed equal sharing of joint account funds and upheld costs. The appeal largely failed.

JUDGMENT