MR ROBERT DANIEL AINOO v. MRS SABINA AINOO
2018
COURT OF APPEAL
GHANA
CORAM
- IRENE C. LARBI (MRS), J.A. (PRESIDING)
- LAWRENCE L. MENSAH), J.A.
- A. M. DOMAKYAAREH (MRS.), J.A
Areas of Law
- Family Law
- Property and Real Estate Law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case concerns an appeal from a High Court judgment about asset distribution following the divorce of parties married both under customary law and subsequently under an ordinance. The appellant and respondent contested the distribution of several properties acquired during their marriage. The High Court's original judgment, which considered principles of fairness and equity, was primarily upheld, including the inclusion of the Akyempim Road house as marital property and awarding the beneficial interest of a store to the respondent. The appeals court dismissed the appellant's grounds for appeal in their entirety.
A. M. DOMAKYAAREH (MRS), J.A
1. This appeal is against the judgment of the High Court, Tarkwa, dated 30th January, 2017. The appeal has arisen from a contest between the parties who were once husband and wife as to how to adjust their property rights in the assets acquired during the subsistence of the marriage. The petitioner/appellant is a teacher by profession who rose to become an Assistant Headmaster and finally Headmaster of Fiaseman Senior High School. The respondent/respondent on the other hand is a trader who progressed into an astute business woman operating several registered business enterprises.
2. The brief facts giving rise to the contest are that the petitioner/appellant, hereinafter called the appellant and the respondent/respondent hereinafter called the respondent married under the customary law at Nsuaem on 11th November 1982. Subsequently, the customary marriage was converted to an Ordinance Marriage under CAP 127 on 6th June 1982. At the time the petition was filed for the dissolution of their marriage on 17th May 2010, they had four issues.
3. It was the appellant who petitioned for the dissolution of the marriage on the known ground that the relationship had broken down beyond reconciliation. The respondent also cross-petitioned for the dissolution of the marriage. As the parties did not contest the dissolution of the marriage, same was dissolved by decree of the court on 2nd July 2010.
4. In the petition filed by the appellant he also prayed for ancillary reliefs including settlement of property rights in respect of the following properties acquired during the subsistence of the marriage, namely:-
(i) A four-bedroom house at Nsuaem christened “White House”.
(ii) A five-bedroom house storey building with four stores in front at Nzema Line, Tarkwa
(iii) A five-bedroom house at Low Cost, Tarkwa
(iv) An on-going four-bedroom house at Akyempim Road, Tarkwa
(v) A seven store building opposite U.A.C, Tarkwa
(vi) A Mercedes Benz Saloon Car with Registration No. WR 229 Y
(vii) A Nissan Primera car with Registration No. AS 8770 X
(viii) A Store in the UAC building, Tarkwa
5. The respondent’s cross-petition also included ancillary reliefs of the following properties:
(a) Ownership of the “White House” at Nsuaem
(b) Sole ownership of the house at Low Cost, Tarkwa
(c) Half share of the house at Nzema Line, Tarkwa
(d) Half share of the house at Akyempim Road, Tarkwa
(e) An order for the custody of the youngest child of the