BOAMAH VRS AMPADU (J4/48/2023) [2024] GHASC 59 (4 December 2024)

BOAMAH VRS AMPADU (J4/48/2023) [2024] GHASC 59 (4 December 2024)

The appeal failed because the respondent did not prove that the marriage had been dissolved under customary law, did not provide sufficient evidence to challenge the award of the matrimonial home, and the absence of financial contribution by the petitioner was not determinative under current law. The concurrent findings of the lower courts were supported by the evidence and applicable legal principles.

Citation
BOAMAH VRS AMPADU (J4/48/2023) [2024] GHASC 59 (4 December 2024)
Parties
Petitioner/respondent: Augustina Abena Boamah; Respondent/appellant: Yaw Ampadu
Court
ghasc
Jurisdiction
Ghana
Judgment Date
4 December 2024
Procedural Posture
Civil Appeal / Final Appellate Judgment (supreme Court)
Outcome
appeal dismissed; judgment of Court of Appeal affirmed
Legal Topics
Customary Marriage Dissolution, Matrimonial Property Settlement, Alimony, Child Maintenance, Appeals Procedure
Source Language
eng
Family Law Customary Marriage Dissolution Matrimonial Property Settlement Alimony Child Maintenance Appeals Procedure

Case Brief

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Parties

Augustina Abena Boamah

Petitioner/respondent

Yaw Ampadu

Respondent/appellant

Procedural Posture

Civil Appeal / Final Appellate Judgment (supreme Court)

Legal Issues

  1. 1 Whether the customary marriage between the parties had been dissolved prior to the petition
  2. 2 Whether the award of the matrimonial home to the petitioner was justified
  3. 3 Whether the judgment was against the weight of evidence

Ratio Decidendi

The appeal failed because the respondent did not prove that the marriage had been dissolved under customary law, did not provide sufficient evidence to challenge the award of the matrimonial home, and the absence of financial contribution by the petitioner was not determinative under current law. The concurrent findings of the lower courts were supported by the evidence and applicable legal principles.

Court Disposition

appeal dismissed; judgment of Court of Appeal affirmed

Orders

  • Dissolution of the customary marriage between the parties
  • Matrimonial house at Taifa settled on the petitioner