Amoakohene Vrs Amoakohene [2020] GHASC 18 (13 May 2020)

Amoakohene Vrs Amoakohene [2020] GHASC 18 (13 May 2020)

Both properties were acquired during the marriage from joint resources and are therefore joint marital properties; equitable distribution requires each party to take one property as their share, reversing the lower courts' decisions.

Citation
Amoakohene Vrs Amoakohene [2020] GHASC 18 (13 May 2020)
Parties
Defendant/appellant/appellant: Juliana Amoakohene; Plaintiff/respondent/respondent: Emmanuel K. Amoakohene
Court
ghasc
Jurisdiction
Ghana
Judgment Date
13 May 2020
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
appeal allowed; lower courts' decisions reversed
Legal Topics
Distribution of Marital Property, Property Rights of Spouses, Divorce, Joint Property, Constitutional Interpretation
Source Language
eng
Family Law Property Law Constitutional Law Distribution of Marital Property Property Rights of Spouses Divorce Joint Property Constitutional Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Juliana Amoakohene

Defendant/appellant/appellant

Emmanuel K. Amoakohene

Plaintiff/respondent/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the properties acquired during the marriage are joint properties subject to equitable distribution upon divorce
  2. 2 Whether the lower courts erred in their findings regarding ownership and distribution of the properties

Ratio Decidendi

Both properties were acquired during the marriage from joint resources and are therefore joint marital properties; equitable distribution requires each party to take one property as their share, reversing the lower courts' decisions.

Court Disposition

appeal allowed; lower courts' decisions reversed

Orders

  • House No. 23 Block ‘D’ Adiebeba-Kumasi awarded to the defendant as her share of the joint properties.
  • Plot 1 Block C Kagyase Abuakwa awarded to the plaintiff as his share.