2021
COURT OF APPEAL
GHANA
CORAM
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Georgina Mensah-Datsa JA authored a unanimous Court of Appeal decision arising from a divorce petition between the Petitioner/Respondent and the Respondent/Appellant. The parties, who had a customary marriage in December 2014, disputed the Petitioner/Respondent’s alleged financial contributions to a guest house and matrimonial home erected on land acquired in 2012. The High Court dissolved the marriage, declared both properties matrimonial, and awarded the Petitioner/Respondent 40% of the matrimonial home, 20% of the guest house, GH¢30,000 as lump sum, and GH¢4,000 costs. On appeal, applying the rehearing standard and evidentiary presumptions (including Section 35’s presumption of beneficial title where legal title is joint), the Court agreed in part with the Appellant, found errors regarding departure from pleadings and inadequate consideration of his case, and held the property percentages and financial provision excessive. Exercising its powers, it varied the orders to 30% in the matrimonial home, 10% in the guest house, and GH¢20,000 lump sum, while retaining costs.
GEORGINA MENSAH-DATSA (MRS.), J.A.
This is an appeal by the Respondent/Appellant (hereinafter referred to as Appellant) against the judgment of the High Court, Sekondi dated 28th November, 2019 in favour of the Petitioner/Respondent (hereinafter referred to as Respondent)
The grounds of appeal are as follows:
a. That the judgment is against the weight of evidence adduced at the trial.
b. The learned trial Judge erred in holding that the Petitioner/Respondent had made financial commitment to the construction of the Guest House and Matrimonial Home in the face of overwhelming evidence to the contrary.
c. The learned trial Judge erred in holding that the Respondent/Appellant per his evidence departed from his pleadings.
d. The learned trial Judge failed to adequately consider the case of the Respondent/Appellant or at all.
e. The learned trial Judge erred when she distributed the properties without any recourse to the established vested interest of the Respondent/Appellant’s partner.
f. The award of the quantum or percentages in the properties together with financial provision in favour of the Petitioner/Respondent was excessive.
g. Additional grounds may be filed upon receipt of the Record of Appeal.
The reliefs sought by the Appellant are:
a. An Order setting aside the share of the Respondent/Appellant’s property awarded in favour of the Petitioner/Respondent.
b. A further Order for the GH¢30,000.00 awarded in favour of the Petitioner/ Respondent to cover financial provision and lump sum payment in lieu of property settlement.
c. An Order setting aside the cost of GH¢4,000.00 awarded in favour of the Petitioner/Respondent against the Respondent/Appellant.
On 31st January, 2018, the Petitioner/Respondent petitioned for the dissolution of her marriage with the Respondent /Appellant on the ground that their marriage had broken down beyond reconciliation. She prayed for the following reliefs:
i. The marriage between the parties be dissolved.
ii. An order for the Respondent to maintain the Petitioner.
iii. Financial provision.
iv. That the guest house and matrimonial home should be equally shared.
v. Any other equitable relief.
The brief facts of this case are that the parties had their customary marriage on the 20th December, 2014 in Cape Coast. The Respondent was not present at the time of the said marriage. At that time, she was resident in the United States of America (USA). Later, she relocated to Ghana to cohabit with the Appellant in S