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AUGUSTINA ABENA BOAMAH
V.
YAW AMPADU

(2024) JELR 112795 (SC)

Supreme Court 4 Dec 2024 Ghana
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- Supreme Court affirmed the dissolution of the customary marriage and upheld the award of the matrimonial home to the Petitioner, rejecting the need for proof of substantial contribution by the non-title-holding spouse to benefit from mari

Case Details

Suit Number:CIVIL APPEAL NO. J4/48/2023
Judges:LOVELACE-JOHNSON (MS.) JSC (PRESIDING) KULENDI JSC ACKAH-YENSU (MS.) JSC KWOFIE JSC DARKO ASARE JSC
Counsel:ALEXANDER QUARTEY ESQ. FOR THE PETITIONER/RESPONDENT. JOSEPH KAPONDE ESQ. FOR THE RESPONDENT/APPELLANT.

JUDGMENT

LOVELACE-JOHNSON, JSC:

The designation of the parties at the High Court will be maintained in this appeal. On 19th march 2018, the High Court granted the petitioner herein the reliefs sought in her petition in the following terms:

The dissolution of the customary marriage between the parties, the settlement of the matrimonial house at Taifa on her, an order that the respondent continue to maintain the children who are still in school or learning a trade and a lump sum of twenty thousand cedis (GHC 20,000.00) as ‘settlement’(alimony). The Court refused the petitioner’s claim for six shops and a bar at Taifa.

Being dissatisfied with this judgment, the Respondent appealed to the Court of Appeal. The impugned judgment was affirmed. The Respondent has launched a further appeal to this Court on the following grounds.

a.  The judgment was against the weight of evidence adduced at the trial

b. The Court erred when it held that the marriage between the parties had not been dissolved prior t…

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