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PETER ADJEI v. MARGARET ADJEI

2021

SUPREME COURT

GHANA

CORAM

  • APPAU, JSC (PRESIDING)
  • PWAMANG, JSC
  • DORDZIE (MRS.), JSC
  • LOVELACE-JOHNSON (MS.), JSC
  • AMADU, JSC

Areas of Law

  • Family Law
  • Civil Procedure
  • Evidence Law
  • Constitutional Law

AI Generated Summary

A Ghana Supreme Court matrimonial property and financial provision case arose from a twelve-year customary marriage between a husband and wife with two children. The High Court dissolved the marriage, granted custody to the wife with the husband having access, settled the uncompleted matrimonial home (one of four flats at Cantonments built on the husbands pre-acquired plot) on the wife, awarded GHc500,000 alimony and GHc1,500 monthly maintenance, and rejected a claim to two stores. The husband appealed; the Court of Appeal reversed the property settlement, affirmed alimony and maintenance, and reiterated custody with limited access. The wife appealed against the reversal; the husband cross-appealed the alimony. In a majority opinion by Appau, JSC, joined by Pwamang, JSC and Amadu, JSC, the Supreme Court affirmed the Court of Appeal fully and dismissed both appeals, holding the joint-acquisition presumption was rebutted by loan-funded acquisition and upholding the alimony under Act 367. Dissenting opinions by Dordzie, JSC and Lovelace-Johnson, JSC would have restored the High Courts property settlement and sustained the alimony.