AMMA OWUSU SARPONG
V.
KOJO OWUSU SARPONG

(2025) JELR 114538 (SC)

Supreme Court 17 Dec 2025 Ghana
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- The case concerned the distribution of property following the dissolution of a marriage between Amma and Kojo Owusu Sarpong, where the disputed house was acquired and brought to window level by the husband prior to marriage, but finished

Case Details

Suit Number:CIVIL APPEAL NO. J477/2023
Judges:K. T. ACKAAH-BOAFO A LOVELACE-JOHNSON (MS.) S. K. A. ASIEDU Y. DARKO ASARE
Counsel:SULEMAN MUSAH ESQ. FOR THE PETITIONER/RESPONDENT/APPELLANT. WITH HIM EMMANUEL WILSON ESQ CORNELIUS YAWSON ESQ. FOR THE RESPONDENT/APPELLANT/ RESPONDENT

JUDGMENT

ACKAAH-BOAFO, JSC:

Overview:

[1] My Lords, this appeal brings into sharp focus the contentious issue of spousal property distribution in Ghana, as governed by Article 22 of the 1992 Constitution. Specifically, it invites this Court to determine whether the analytical framework established in leading authorities such as Mensah v. Mensah (1998-99) 2 GLR 350, Boafo v. Boafo (2005-2006) SCGLR 705, and subsequent decisions such as Mensah v Mensah [2012] 1 SCGLR 391, Quartson v Quartson [2012] 2 SCGLR 1077, Arthur (No. 1) v. Arthur (No. 1) (2013-2014) 543 - which dealt with the distribution of spousal property after the dissolution of marriage - is being appropriately applied by trial courts.

[2] Amma and Kojo Owusu Sarpong were married under customary law in 2002. They celebrated an ordinance marriage on Valentine's Day, 2005. From the evidence, they separated sometime in November 2015, when, according to Amma, Kojo refused her advances for intimacy, though they remained in the same h…

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