RITA YAWO NNAEMEKA v. CHARLES OBUZULU NNAEMEKA
2022
COURT OF APPEAL
GHANA
CORAM
- DZAMEFE, J.A (Presiding)
- DODOO, J.A.
- BARTELS-KODWO, J.A
Areas of Law
- Family Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
- Corporate Law
2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
In this Ghana Court of Appeal decision authored by Janapare A. Bartels‑Kodwo, the court reviewed a 15‑year, childless marriage between a Ghanaian wife and Nigerian husband involving dissolution and distribution of marital assets tied to an electrical goods business. The High Court had found the Ashiaman houses and all vehicles were acquired during the marriage, rejected the husband’s claim that he held property for Chinese principals, and awarded the wife the top floor of one property (or a comparable 4‑bedroom house), two vehicles, and GH¢300,000. On appeal, the wife sought equal distribution of all jointly acquired properties and a share in business assets; the husband cross‑appealed, arguing lack of contribution and contesting the awards. The Court of Appeal affirmed the trial court’s findings that the properties and vehicles were acquired during the marriage and that the husband was not an agent of foreign principals, held that the wife’s substantial (including non‑financial) contributions entitled her to a beneficial interest, and varied the orders to require equal sharing by value of both Ashiaman properties while leaving the GH¢300,000 award intact. Presiding Judge Senyo Dzamefe and Jennifer Dodoo concurred.
BARTELS-KODWO, J.A:
By her petition filed on the 25th of October, 2007, the Petitioner/Appellant prayed that:
a. “That the marriage between the parties celebrated on 13th April, 2002 be dissolved.
b. That the Petitioner be settled with a half (1/2) share of the following properties acquired in the course of the marriage:
i. The fully completed house at Ashiaman, Middle East.
ii. The two (2) storey uncompleted building at Ashiaman, Middle East and a boy’s quarters which is one (1) storey.
iii. The five (5) electrical wholesale shops/stores at Cow Lane, Accra.
iv. One (1) big warehouse together with the electrical appliance fully stocked therein.
v. There is a warehouse under the building the parties live in, he also puts some of the goods in the other apartment in the same house. The boys’ quarters is used as a warehouse.
c. That the Petitioner be settled with Toyota Rav 4 with Registration No. GR 3000- 15 and the Mercedes Benz E320 Kompressor with Registration No. GS 7878 Y whiles the Respondent takes the remaining vehicles.
d. That an amount of Five Million Ghana Cedis (GHC 5, 000,000) be settled in favour of the Petitioner as financial settlement in lieu of her share in the large sum of money the Respondent has kept in various bank accounts and other investment at the Forex Bureau at Cow Lane.
e. That the Respondent be ordered to maintain the Petitioner pending the final dissolution of the marriage.
The Respondent/Respondent answered the petition and denied the Petitioner/Appellant’s averments but prayed for:
i. An order dissolving the said marriage.
ii. That the Respondent says the Petitioner is not entitled to any of the prayers sought.
The brief facts of the case are as follows:
The Petitioner/Appellant (hereinafter referred to as Petitioner) a Ghanaian, married the Respondent/Respondent a Nigerian, (hereinafter referred to as the Respondent) on 13th April, 2002. The 15 year old union has no children. The Respondent however in the course of the marriage has had a child outside the marriage. He however claims that it was with the consent of the Petitioner which she has denied in her Reply. She contends that it is as a result of her marriage to the Respondent that he was able to acquire Ghanaian citizenship which contention again the Respondent disagrees with.
It is the Petitioner’s case that she has suffered physical assault at the hands of the Respondent during the marriage which has caused her to suffer miscarriages and even an ectop