Adda Vrs Adda [2022] GHACC 130 (26 October 2022)

Adda Vrs Adda [2022] GHACC 130 (26 October 2022)

The marriage has broken down beyond reconciliation. All properties listed were acquired during the subsistence of the marriage and are therefore matrimonial property to be shared equitably. The petitioner is entitled to a share of the properties and proceeds from the hostels, based on her contributions and the law, but not to further compensation as she benefited from educational sponsorship and is gainfully employed.

Citation
[2022] GHACC 130
Parties
Petitioner: Madam Georgina Adda; Respondent: David Basepe Nyerere Adda
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
26 October 2022
Procedural Posture
Divorce and Matrimonial Property / Judgment
Outcome
Petition allowed in part; marriage dissolved; properties and proceeds to be shared equitably; compensation claim refused; no order as to costs.
Legal Topics
Divorce, Matrimonial Property, Equitable Distribution, Maintenance, Customary Marriage
Source Language
English
Family Law Divorce Matrimonial Property Equitable Distribution Maintenance Customary Marriage

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Parties

Madam Georgina Adda

Petitioner

David Basepe Nyerere Adda

Respondent

Procedural Posture

Divorce and Matrimonial Property / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Whether the petitioner is entitled to an equitable share of the properties acquired during the subsistence of the marriage
  3. 3 Whether the petitioner is entitled to an equitable share of the proceeds from the hostels

Ratio Decidendi

The marriage has broken down beyond reconciliation. All properties listed were acquired during the subsistence of the marriage and are therefore matrimonial property to be shared equitably. The petitioner is entitled to a share of the properties and proceeds from the hostels, based on her contributions and the law, but not to further compensation as she benefited from educational sponsorship and is gainfully employed.

Court Disposition

Petition allowed in part; marriage dissolved; properties and proceeds to be shared equitably; compensation claim refused; no order as to costs.

Orders

  • Marriage between petitioner and respondent dissolved.
  • Respondent to take matrimonial home at Winneba, hostel at Winneba, and uncompleted hostel at Navorongo.