MILLICENT ASAR BOAFO v. PETER ABABIO

This Court of Appeal decision, authored by Victor D. Ofoe JA with concurrences from Dennis D. Adjei JA and S.E. Kanyoke JA, arises from a matrimonial property dispute between a petitioner resident in Germany and her late husband, Peter Ababio. The petitioner sought dissolution and declarations of joint ownership over the Kokomlemle matrimonial home (C144/4) and an Achimota Railway Quarters property, alleging joint commercial efforts and a business, Nations Best Co. Ltd., funded their acquisitions. The respondent denied any joint enterprise and asserted sole ownership, noting he acquired the Kokomlemle land in 1989 and the Achimota property in 1990, later selling the latter in 2002 to pay trade debts. After the respondent’s death, the High Court dissolved the marriage and settled the entire Kokomlemle house on the petitioner, denying alimony. On appeal, the Court of Appeal treated the matter by rehearing, held that the High Court wrongly granted unpleaded relief and that the joint acquisition finding was against the weight of evidence, and rejected the basis for settling Kokomlemle due to the Achimota sale. It reversed the settlement and, recognizing the petitioner’s contributions under section 20(1) of the Matrimonial Causes Act, awarded GH¢30,000. Adjei JA further explained that a dissolution after death is a nullity and criticized the High Court’s rejection of the respondent’s attorney’s evidence and neglect of cross-examination.