MARTIN J. VERDOES v. PATRICIA ABENA VERDOES KORANCHIE
2015
COURT OF APPEAL
GHANA
CORAM
- KUSI-APPIAH, (J.A.) - Presiding
- ACQUAYE, (J.A.)
- DORDZIE, (J.A
Areas of Law
- Family Law
- Property and Real Estate Law
- Evidence Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The petitioner and respondent, who married in 1984, sought a divorce and property settlements. The High Court awarded properties as jointly owned, but upon appeal, the appellate court reassessed the case. It was found that the respondent failed to demonstrate financial means to acquire properties during the marriage and thus, the properties were deemed solely acquired by the petitioner. The appellate court set aside the trial court's joint ownership decision, awarding the matrimonial home to the petitioner while granting the other assets to the respondent and their children. The decision took into account that the petitioner's earnings were the primary means of acquiring the properties, ensuring a fair and equitable distribution.
JUDGMENT
KUSI-APPIAH, J.A.:
By his petition filed on the 17th October, 2007, the petitioner prayed that:
a. “The marriage between the petitioner and respondent be dissolved.
b. Custody of the children be granted to the petitioner.
c. The matrimonial home built by the petitioner from proceeds from the sale of his house in Holland be settled in favour of the petitioner.
d. A plot of land situate at McCarthy Hill belonging to the parties be settled in favour of the children of the marriage.
e. A six bedroom house with boys quarters built by him at Nsuta in the Central Region be settled in favour of the respondents.
f. The respond to keep all the shares and assets of a limited liability company called Verdak Company Ltd. established by the parties.
g. A land cruiser belonging to the petitioner but in possession of the respondent and a Volvo Station Vehicle purchased by the petitioner be settled in favour of the respondent.”
The respondent not only answered the petition but also cross-petitioned for the dissolution of the marriage. Her cross-prayer is as follows:
i. That the marriage be dissolved as the result of unreasonable behavior and adultery on the part of petitioner.
ii. That the respondent be granted custody of the two children of the marriage with reasonable access to the petitioner.
iii. That the petitioner provides maintenance to the respondent and the children pending determination of the action.
iv. That petitioner makes a lump sum payment to the respondent.
v. A declaration that the respondent is entitled to the matrimonial home.
vi. That the petitioner be ordered to pay for the education of the children.
vii. That the petitioner be ordered to make periodical payment for the maintenance and welfare of the children.
The brief facts of the case are as follows:
The Petitioner/Respondent (hereinafter referred to as Petitioner) married the Respondent/Appellant (hereinafter referred to as the Appellant) on 19th April, 1984 in Holland. The marriage ceremony was celebrated at the Town Hall, Beverwyk in Holland where the parties were domiciled. After the marriage, the parties cohabited in Libya and later moved to Ghana, the home country of the appellant and both stayed in Accra. That there are two adopted children to the marriage namely; Nicole Aba and Nana Adwoa Konadu Verdoes aged 16 and 9 years respectively. The petition for divorce was uncontested and was granted by the High Court, Accra in May, 2009.
The trial court after hearing e