MILLICENT ASARE BOAFO v. PETER ABABIO
2017
SUPREME COURT
GHANA
CORAM
- ADINYIRA, JSC (PRESIDING)
- DOTSE, JSC
- BAFFOE-BONNIE, JSC
- GBADEGBE, JSC
- AKOTO-BAMFO, JSC
Areas of Law
- Family Law
- Civil Procedure
- Probate and Succession
- Property and Real Estate Law
2017
SUPREME COURT
GHANA
CORAM
AI Generated Summary
Millicent Asare Boafo filed a divorce petition in Accra in March 2002 against her customary husband, Peter Ababio, seeking dissolution and property-related reliefs, including declarations concerning the Kokomlemle matrimonial home (C144/4) and an Achimota railway quarters house, and alimony. Ababio died in October 2004; his head of family and then his customary successor, Paul Kwabena Mensah, were substituted. The High Court dissolved the marriage in May 2006 and, in July 2007, awarded Millicent the Kokomlemle house. On appeal, the Court of Appeal set aside the award and granted GH230,000 under section 20(1) of the Matrimonial Causes Act. The Supreme Court directed argument on whether the cause survived Ababio’s death, concluded that the divorce abated and both lower courts erred, and struck out the action. It emphasized that a surviving spouse’s remedies lie under Ghana’s succession laws, not under matrimonial causes once proceedings have abated.
J U D G M E N T
ADINYIRA, JSC:-
On 20 March 2002, Millicent Asare Boafo (Petitioner) filed in the Divorce and Matrimonial Court., Accra, a petition seeking the following reliefs:
(a) That the [customary] marriage between her and [Peter Ababio] be dissolved.
(b) The matrimonial home which stands in the name of the [Peter Ababio] be declared as jointly owned by the parties in equal share.
(c) That the unnumbered house at railway quarters Achimota which was in the name of [Peter Ababio] but built from joint contribution of the parties be declared as jointly owned by the parties in equal share.
(d) That in the alternative in the event that [Peter Ababio] has sold the unnumbered house at railway quarters Achimota the petitioner is given a half share of proceeds accruing there from.
(e) That [Peter Ababio] is ordered to pay lump sum of alimony to the petitioner.
(f) That [Peter Ababio] is ordered to pay the petitioner cost for the suit.
(g) Any order(s) that this honourable court may deem fit.
Peter Ababio died in October 2004 before the actual trial started. The Petitioner applied for the head of family of the deceased, Abusuapanyin Yaw Mensah, to be substituted as respondent in the divorce proceedings, which was granted on 5 April 2005. On 30 April 2005, Abusuapanyin Yaw Mensah died and, he was substituted on 12 December 2005, by Paul Kwabena Mensah, (Respondent) the customary successor of Peter Ababio.
On 15 May 2006 the High Court commenced hearing evidence on the petition for divorce and that very day proceeded to dissolve the marriage on the grounds that the marriage has broken down beyond reconciliation. The Judge fixed a date to hear evidence on the ancillary reliefs in respect of the matrimonial properties.
On 13 July 2007 the trial judge entered judgment for the Petitioner and settled on her the matrimonial home at Kokomlemle, numbered, C144/4. The Respondent being dissatisfied appealed to the Court of Appeal on the main ground that the Petitioner failed to prove any contribution to the acquisition of the matrimonial home.
On 10 May 2012, the Court of Appeal upheld the appeal and set aside the order of the trial judge and in its place awarded the Petitioner an amount of GHC 30,000 as sufficient financial settlement based on section 20(1) of the Matrimonial Causes Act, 1971, Act 367. Being dissatisfied in losing the Kokomlemle house the Petitioner appealed to this Court.
On 4 July 2017, this appeal came before the Supreme Cou