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NANA AMA AMPONSAH v. FRANKLYN AMOAH NYAMAAH

February 11, 2009

SUPREME COURT

CORAM

  • WOOD (MRS),C J (PRESIDING)
  • BROBBEY, J.S.C
  • ANSAH, J.S.C
  • ANIN -YEBOAH, J.S.C
  • BAFFOE BONNIE, J.S.C

Areas of Law

  • Family Law
  • Civil Procedure
  • Property and Real Estate Law
  • Evidence Law

AI Generated Summary

The Supreme Court of Ghana, per Baffoe-Bonnie JSC, reviewed a matrimonial dispute between Nana Ama Amponsah and Franklyn Amoah Nyamaah following their 1991 Akan customary marriage. After the High Court dissolved the marriage without alimony and made orders including custody and a controversial pronouncement on a non-pleaded property, the Court of Appeal unanimously allowed Amponsah’s appeal, partitioned the Odeneho Kwadaso matrimonial home, declared the Atwima Afiasiebon property to belong to Amponsah’s mother, and granted a 20 million cedis lump sum. Nyamaah appealed. The Supreme Court held that courts must confine themselves to reliefs sought; it set aside the Atwima ownership declaration as an irregular exercise of jurisdiction. It affirmed that the Odeneho Kwadaso house was matrimonial property warranted for partition, relying on pleadings, acts of ownership, and allocation papers. It also confirmed the 20 million cedis alimony under section 20(1) of Act 367.