Akoto Vrs Abrefi [2011] GHASC 7 (23 February 2011)

Akoto Vrs Abrefi [2011] GHASC 7 (23 February 2011)

The High Court properly assumed equitable jurisdiction over foreign immovable properties due to the appellant's fraudulent conduct; the corporate veil was rightly lifted to prevent injustice; the financial settlement was justified but should be converted to the cedi equivalent.

Citation
[2011] GHASC 7
Parties
Petitioner/appellant/appellant: Dr. Owusu Afriyie Akoto; Respondent/respondent/respondent: Adwoa Abrefi Akoto
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
23 February 2011
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed with modification
Legal Topics
Divorce, Matrimonial Property, Jurisdiction Over Foreign Property, Lifting Corporate Veil, Financial Settlement
Source Language
English
Family Law Conflict of Laws Company Law Divorce Matrimonial Property Jurisdiction Over Foreign Property Lifting Corporate Veil Financial Settlement

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Parties

Dr. Owusu Afriyie Akoto

Petitioner/appellant/appellant

Adwoa Abrefi Akoto

Respondent/respondent/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the Ghanaian High Court had jurisdiction over immovable properties situated outside Ghana in matrimonial proceedings
  2. 2 Whether the trial court erred in awarding interests in properties registered in the name of companies to the respondent who was not a shareholder or director
  3. 3 Whether the financial settlement awarded was erroneous or excessive

Ratio Decidendi

The High Court properly assumed equitable jurisdiction over foreign immovable properties due to the appellant's fraudulent conduct; the corporate veil was rightly lifted to prevent injustice; the financial settlement was justified but should be converted to the cedi equivalent.

Court Disposition

appeal dismissed with modification

Orders

  • Financial settlement to respondent to be converted from Pound Sterling to the cedi equivalent
  • All other orders of the lower courts affirmed