Adjei Vrs Adjei [2021] GHASC 110 (21 April 2021)

Adjei Vrs Adjei [2021] GHASC 110 (21 April 2021)

The majority held that the Court of Appeal was correct in setting aside the High Court's order settling one of the four flats on the Respondent, as the property was not jointly acquired marital property due to the outstanding loan and lack of evidence of joint acquisition. The award of GHc500,000.00 as alimony was affirmed as reasonable and in line with statutory provisions, with no error shown by the Petitioner.

Citation
[2021] GHASC 110
Parties
Petitioner/appellant/respondent/cross Appellant: Peter Adjei; Respondent/respondent/appellant: Margaret Adjei
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
21 April 2021
Procedural Posture
Civil Appeal Matrimonial Cause / Supreme Court Final Appeal
Outcome
Appeal and cross-appeal dismissed (majority); Court of Appeal decision affirmed; no order as to costs.
Legal Topics
Dissolution of Marriage, Distribution of Marital Property, Custody of Children, Alimony, Maintenance
Source Language
English
Family Law Dissolution of Marriage Distribution of Marital Property Custody of Children Alimony Maintenance

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Parties

Peter Adjei

Petitioner/appellant/respondent/cross Appellant

Margaret Adjei

Respondent/respondent/appellant

Procedural Posture

Civil Appeal Matrimonial Cause / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the Court of Appeal erred in reversing the High Court's order settling one of the four units of flats at Cantonments on the Respondent.
  2. 2 Whether the Court of Appeal erred in affirming the award of GHc500,000.00 as alimony to the Respondent.

Ratio Decidendi

The majority held that the Court of Appeal was correct in setting aside the High Court's order settling one of the four flats on the Respondent, as the property was not jointly acquired marital property due to the outstanding loan and lack of evidence of joint acquisition. The award of GHc500,000.00 as alimony was affirmed as reasonable and in line with statutory provisions, with no error shown by the Petitioner.

Court Disposition

Appeal and cross-appeal dismissed (majority); Court of Appeal decision affirmed; no order as to costs.

Orders

  • The order settling one of the four flats at Cantonments on the Respondent is set aside.
  • The award of GHc500,000.00 as alimony to the Respondent is affirmed.