NAOMI QUAYSON VRS JOSEPH ACQUAH

INTRODUCTION

In a judgment delivered by the High Court, Cape Coast on 25th October 2023, the trial court granted the Petitioner’s prayer for divorce and denied her prayer for property settlement. This is an appeal against the judgment. The Petitioner’s prayer as can be gleaned from the Amended Notice of appeal and the written submissions filed on her behalf, is for the judgment to be varied by setting aside the portion of the judgment which denied her property settlement. Her further prayer is for this court to review the facts and evidence on record and vary the judgment in her favour so as not to render her bankrupt, jobless and homeless after thirty-four years of marriage during which period, substantial properties were jointly acquired with the respondent.

FACTS

The parties were married customarily in 1984 and are blessed with five children. With leave of court granted under section 19 of the Matrimonial Causes Act, 1971 (Act 367), the Petitioner filed a Petition for a decree of divorce to issue for the dissolution of the marriage. It is her contention that due to the numerous amorous relationships which Respondent engaged in and his unreasonable behaviour, the marriage has broken down beyond reconciliation and all efforts at reconciliation have failed.

Petitioner contends further that during the subsistence of the thirtyfour years’ marriage, they jointly acquired a number of properties (listed in paragraph 10 of the petition) which are registered in Respondent’s name, and prays for a declaration that she jointly owns the said properties which are reproduced below.

i. Matrimonial home of six flats and three bedrooms and a hall per flat with an adjoining uncompleted premises No. PV 58, Abura, Cape Coast.

ii. Thirty-seven commercial stores at Abura, Cape Coast. iii. Ten rented wholesale outlets at Anaafo, Cape Coast. iv. Estate house No. PE 64, Pedu Estate, Cape Coast.

v. A building house, a flour milling machine. vi. One Rino Truck

vii. One Nissan Pathfinder No. GR 1309-13

viii. One Mercedes Benz No. GT 993X

The Petitioner further prayed for financial provision by way of lump sum payment for her resettlement.

The allegations of adultery and unreasonable behaviour and the claim of joint ownership of the properties listed above, were denied by the Respondent and the Petitioner was put to strict proof thereof. In his Answer to the Petition and Cross Petition filed on 6th of August 2018, Respondent averred that