Lt. Col. Isaac Owusu-Twum Ampofo v. Adelaide Twum Ampofo
2015
COURT OF APPEAL
GHANA
CORAM
- M. OWUSU, (J.A.) - Presiding
- A. OSEI, (J.A.)
- S. GYAN, (J.A
Areas of Law
- Family Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The marriage between Lt. Col. Isaac Owusu Twum-Ampofo and Adelaide Twum-Ampofo was dissolved in 1997, with the High Court issuing a property settlement that Adelaide found unsatisfactory and appealed. She argued that the judgment didn't reflect her financial and non-financial contributions to their matrimonial home. The Court of Appeal reviewed the case, including evidence that Adelaide performed significant household and financial duties contributing to the acquisition and maintenance of the disputed property. They also examined statutory and constitutional provisions, concluding that properties acquired during marriage are presumed to be jointly owned, aligning with the principles of equality and equity. The Court of Appeal held in favor of Adelaide, declaring her a joint owner of the matrimonial home, thus overturning the High Court's earlier decision.
JUDGMENT
MARIAMA OWUSU, J.A.:
On 3rd day of December, 1997, the marriage between the petitioner Lt. Col. Isaac Owusu Twum-Ampofo and the respondent Adelaide Twum-Ampofo (Nee Kuaw) entered into on the 29th day of April 1982 was dissolved by the High Court, Accra. The Suit was then adjourned for hearing on property settlement.
The Court heard the parties and their witnesses on the property settlement. At the end of the trial, the Court gave judgment as follows:
a. “The relief of the respondent that she is a joint owner of the disputed house i.e. House No. 15 Moon Flower Street J 100/8 Teshie Nungua Estate, Accra is dismissed.
b. Petitioner is to pay a lump sum of ¢20 Million to respondent on grounds that respondent had to lose her job at Ghana Airways Corporation on account of Petitioner who insisted that she accompanied him on his postings abroad.
c. Respondent claim to be entitled to a half share of all household items was dismissed.
d. Respondent’s claim for custody of Nana Owusua Twum Ampofo, and maintenance for the upkeep of the said child is dismissed.
e. Respondent’s relief for the vehicle No Er 7131 is also dismissed.
f. It is hereby ordered that each part should bear his/her own costs.”
Dissatisfied with the decision of the High Court, the respondent appealed to the Court of Appeal on the following grounds:
1. The judgment cannot be supported by the evidence before him.
2. Further grounds of Appeal will be filed on receipt of the judgment delivered and upon the receipt of the record.
The reliefs sought from the Court of Appeal are:
a. That the whole judgment be set aside.
b. An Order for the apportionment of the matrimonial home between the parties.
Before dealing with the arguments advanced in support and against this appeal, I will give a brief background of the case.
The petitioner/respondent (hereinafter referred to as the Petitioner) in this case, filed a petition seeking a dissolution of the marriage between him and the respondent/appellant (hereinafter referred to as Respondent) contracted on the 29th day of April 1982. His main ground for seeking the dissolution of his marriage with the respondent was that, the marriage has broken down beyond reconciliation. He gave the particulars of the breakdown of the marriage beyond reconciliation as follows:
i. The Respondent has a violent and uncontrollable temper.
ii. On Thursday, 22nd September, 1988, the Respondent stabbed him in the neck and had to be rushed to the 37th Milita