Ayine Vrs Attorney-general [2020] GHASC 21 (13 May 2020)

Ayine Vrs Attorney-general [2020] GHASC 21 (13 May 2020)

Both properties in dispute were jointly acquired during the marriage and, in accordance with constitutional and statutory principles, must be distributed equitably. The lower courts erred in not recognizing the joint ownership and in failing to apply the correct legal standards for distribution of marital property.

Citation
Ayine Vrs Attorney-general [2020] GHASC 21 (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; Court of Appeal decision reversed
Legal Topics
Distribution of Marital Property, Property Rights of Spouses, Divorce, Joint Ownership, Constitutional Interpretation
Source Language
eng
Family Law Property Law Constitutional Law Distribution of Marital Property Property Rights of Spouses Divorce Joint Ownership Constitutional Interpretation

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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 were jointly owned and 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 in dispute were jointly acquired during the marriage and, in accordance with constitutional and statutory principles, must be distributed equitably. The lower courts erred in not recognizing the joint ownership and in failing to apply the correct legal standards for distribution of marital property.

Court Disposition

appeal allowed; Court of Appeal decision reversed

Orders

  • House No. 23 Block ‘D’ Adiebeba-Kumasi is awarded to the defendant/appellant as her share of the marital property.
  • Plot 1 Block C Kagyase Abuakwa is awarded to the plaintiff/respondent as his share of the marital property.