MRS ABENA POKUA vs YAW KWAKYE

ASIEDU JSC.

[1.0]. My lords, the Petitioner/Respondent/Appellant, Abena Pokua, (hereafter referred to as the Petitioner), celebrated a customary law marriage with the Respondent/Appellant/Respondent, Yaw Kwakye, (hereafter referred to as the Respondent) in 1998. At the time of the marriage, the Respondent had other wives and children to the knowledge of the Petitioner. The couple had three children. Alleging that the marriage had broken down beyond reconciliation, the Petitioner filed the instant petition at the High Court for a dissolution of the marriage. The Petitioner also prayed the High Court for “an order for all matrimonial properties to be shared”. At paragraph 14 of the petition which can be found at page 2 of volume 1 of the record of appeal (ROA), the Petitioner pleaded that:

“14 The parties acquired the following properties in the course of the marriage: a) Self-contained House, Ajara Jn. Kade b) House, near CAC Church, Kade c) Commercial House, Prankese d) Ten (10) acre oil palm plantation, Prankese e) Five (5) acre oil palm plantation Prankese f) Four-acre oil palm Plantation, Prankese g) Two (2) rented market stores, Kade h) One rented shop, Kade i) Birim Court Restaurant (rented) j) Commercial house of two shops at Boadua k) Dabi Asem Hotel, Akrantebesa, Konongo l) Self-contained House, Dr Wood, Ekooso, Konongo m) Ten (10) plots of land at opposite Juaso cemetery Road n) Three (3) excavators o) Two (2) Landcruiser Prado p) Gold Office, Konongo Odumase q) Storey building, Tipper Jn, Bawjiase Road, Kasoa r) One (1) plot of land Tipper Jn, Bawjiase Road, Kasoa s) Six (6) plots of land, Kweikuma t) Two (20 stores, Kasoa market u) Uncompleted House, Topreman v) Uncompleted House, Akyem Akyease”

In his Answer, the Respondent denied virtually all the averments in paragraph the petition and prayed, by way of property settlement, at paragraph 42 of the Answer, that “the self-contained house at Ajara, Kade be given to the Petitioner. The marriage was eventually dissolved by the High Court.

[2.0]. JUDGMENT OF THE HIGH COURT:

My lords, after hearing the matter, the trial Judge, found in his judgment, delivered on the 9th day of May 2022, at page 250 of the record of appeal, that the following properties were acquired during the pendency of the marriage between the parties: Dabi Asem Hotel at Akrantebesa, Konongo; House located at Dr. Wood, Ekooso, Konongo; House situate at Topreman near Akyem-Kade; Storey building located at Tipper