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EMMANUEL OBENG
V.
KATE NYAMEKYE (OTHERWISE KNOWN AS MARY FRIMPONG RUBIERA (RE)

(2023) JELR 114876 (CA)

Court of Appeal 20 Jul 2023 Ghana
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- The Court of Appeal affirmed that only properties proved to be jointly acquired—via monetary or non-monetary contribution—constitute marital property subject to equitable, not necessarily equal, distribution upon divorce (per Article 22(3

Case Details

Suit Number:CIVIL APPEAL NO: HI/51/2021
Judges:SUURBAAREH J.A (PRESIDING) BAAH J.A AMALEBOBA JA
Counsel:D. Osei-Antwi Esq., for Petitioner/Respondent. Ebenezer Ahiator Esq., for Respondent/Appellant.
Location:Kumasi

JUDGMENT

BAAH, J.A:

INTRODUCTION

The respondent/appellant by this appeal challenges the decision of the trial Circuit Court, Kumasi, dated 25 November 2019, by which it was held that the following properties:

a. Two buildings on Plot Nos 40 and 41, Anwomaso, Kumasi.

b. A school built on Plot Nos 297-304, Ampabamen, Kumasi.

c. A house at Ampabamen No.1, Kumasi, and

d. An uncompleted storey building adjacent to the three-bedroom house at Ashongman, are not joint marital properties, as a result of which none could be settled on the respondent/appellant. The court settled a three-bedroom self-contained house in Ashongman on the respondent/appellant. Whiles the respondent/appellant contends that the three-bedroom house and the uncompleted storey building are properties on the same piece of land, which is owned by the parties, petitioner/cross-appellant asserts that the two properties were developed on two separate lands. He contends that whiles the three-bedroom self-contained house is built on l…

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