Mensah Vrs Gyamfi [2023] GHADC 540 (19 January 2023)

Mensah Vrs Gyamfi [2023] GHADC 540 (19 January 2023)

The marriage had not been customarily dissolved; the evidence showed the marriage had irretrievably broken down and should be dissolved. Both the house and cocoa farm were jointly acquired and Plaintiff contributed substantially. However, practical challenges precluded physical division of the farm or construction of a new house. Equitable financial compensation was ordered in lieu of property division, applying the equality is equity principle and relevant constitutional and statutory provisions.

Citation
[2023] GHADC 540
Parties
Petitioner: Cecelia Mensah; Respondent: Kwame Gyamfi
Court
District Court
Jurisdiction
Ghana
Judgment Date
19 January 2023
Procedural Posture
Customary Marriage Dissolution and Property Division / Judgment
Outcome
Petition allowed; marriage dissolved; equitable financial compensation and property settlement ordered.
Legal Topics
Customary Marriage Dissolution, Matrimonial Property Distribution, Compensation (push Off), Alimony
Source Language
English
Family Law Customary Marriage Dissolution Matrimonial Property Distribution Compensation (push Off) Alimony

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Parties

Cecelia Mensah

Petitioner

Kwame Gyamfi

Respondent

Procedural Posture

Customary Marriage Dissolution and Property Division / Judgment

Legal Issues

  1. 1 Whether the marriage has been dissolved
  2. 2 Whether Plaintiff deserves more compensation than GH¢2,000
  3. 3 Whether Defendant should be made to build a house for Plaintiff

Ratio Decidendi

The marriage had not been customarily dissolved; the evidence showed the marriage had irretrievably broken down and should be dissolved. Both the house and cocoa farm were jointly acquired and Plaintiff contributed substantially. However, practical challenges precluded physical division of the farm or construction of a new house. Equitable financial compensation was ordered in lieu of property division, applying the equality is equity principle and relevant constitutional and statutory provisions.

Court Disposition

Petition allowed; marriage dissolved; equitable financial compensation and property settlement ordered.

Orders

  • Marriage between the parties is dissolved as of 19th January 2023.
  • Defendant to pay Plaintiff GH¢150,000 for the house, GH¢50,000 for the cocoa farm, and GH¢50,000 as compensation (push-off), totaling GH¢250,000 within three months.