Anyetei Vrs Anyetei [2023] GHASC 54 (2 March 2023)

Anyetei Vrs Anyetei [2023] GHASC 54 (2 March 2023)

The Supreme Court held that Ghanaian courts have jurisdiction to adjudicate claims over foreign immovable property in matrimonial proceedings where the claim is based on contract or equity, not disputing the root of title. The wife contributed to the acquisition of the properties, and in the absence of clear evidence of proportions, the maxim 'equality is equity' applies. However, the wife is responsible for liabilities on properties awarded to her. Company assets are not marital property unless shares are jointly acquired. Distribution must be equitable, not automatically equal.

Citation
Anyetei Vrs Anyetei [2023] GHASC 54 (2 March 2023)
Parties
Petitioner/appellant/respondent: Dr. Gilbert Anyetei (substituted by Emmanuel Tamatey Opai-Tetteh); Respondent/respondent/appellant: Mrs. Sussana Anyetei
Court
ghasc
Jurisdiction
Ghana
Judgment Date
2 March 2023
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal allowed in part; High Court's distribution of properties largely restored with modification on liabilities; wife awarded specified properties and alimony.
Legal Topics
Divorce, Distribution of Marital Property, Jurisdiction Over Foreign Property, Equitable Distribution, Corporate Veil, Alimony
Source Language
eng
Family Law Private International Law Property Law Constitutional Law Divorce Distribution of Marital Property Jurisdiction Over Foreign Property Equitable Distribution +2 more

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Parties

Dr. Gilbert Anyetei (substituted by Emmanuel Tamatey Opai-Tetteh)

Petitioner/appellant/respondent

Mrs. Sussana Anyetei

Respondent/respondent/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether Ghanaian courts have jurisdiction to adjudicate claims over immovable property situated abroad in matrimonial proceedings
  2. 2 Whether the wife is entitled to 50% of all properties acquired during the marriage
  3. 3 Whether properties registered in the name of a company solely owned by one spouse are subject to distribution upon divorce

Ratio Decidendi

The Supreme Court held that Ghanaian courts have jurisdiction to adjudicate claims over foreign immovable property in matrimonial proceedings where the claim is based on contract or equity, not disputing the root of title. The wife contributed to the acquisition of the properties, and in the absence of clear evidence of proportions, the maxim 'equality is equity' applies. However, the wife is responsible for liabilities on properties awarded to her. Company assets are not marital property unless shares are jointly acquired. Distribution must be equitable, not automatically equal.

Court Disposition

Appeal allowed in part; High Court's distribution of properties largely restored with modification on liabilities; wife awarded specified properties and alimony.

Orders

  • Wife awarded specified properties in South Africa and Ghana, subject to her paying outstanding liabilities on those properties.
  • Wife awarded one 4X4 Mercedes Benz ML vehicle and one KIA Rio vehicle.