Adjei Vrs Adjei [2021] GHASC 5 (21 April 2021)

Adjei Vrs Adjei [2021] GHASC 5 (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 land being acquired before marriage and the flats being built with an outstanding loan not fully repaid during the marriage. The presumption of joint acquisition was rebutted by the Petitioner's unchallenged evidence. 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 5
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) / Supreme Court Final Appeal
Outcome
Appeal and cross-appeal dismissed (majority); Court of Appeal judgment affirmed; no order as to costs.
Legal Topics
Matrimonial Property, Alimony, Custody, Maintenance, Distribution of Marital Assets
Source Language
English
Family Law Matrimonial Property Alimony Custody Maintenance Distribution of Marital Assets

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Parties

Peter Adjei

Petitioner/appellant/respondent/cross Appellant

Margaret Adjei

Respondent/respondent/appellant

Procedural Posture

Civil Appeal (matrimonial) / 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 flats at Cantonments on the Respondent as part of the matrimonial property settlement.
  2. 2 Whether the Court of Appeal erred in affirming the award of GHc500,000.00 as alimony/compensation to the Respondent after dissolution of marriage.

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 land being acquired before marriage and the flats being built with an outstanding loan not fully repaid during the marriage. The presumption of joint acquisition was rebutted by the Petitioner's unchallenged evidence. 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 judgment affirmed; no order as to costs.

Orders

  • Appeal and cross-appeal dismissed.
  • Court of Appeal judgment affirmed in entirety.