Kusi Vrs Adarkwah [2022] GHASC 86 (4 May 2022)

Kusi Vrs Adarkwah [2022] GHASC 86 (4 May 2022)

The Supreme Court dismissed the grounds relating to the respondent's counsel's license as not properly before the court, affirmed the award of vehicle GN 902-13 and the lump sum financial settlement as just and equitable, set aside the order granting H/No. Plot 12, 30th Street, Apramang, Kumasi to the respondent as it was not matrimonial property, and instead settled H/No. Plot 1, Kwame Dwumfour Street, Oti Wood Village (Kokobeng house) on the respondent as property settlement.

Citation
[2022] GHASC 86
Parties
Petitioner/appellant/appellant: Kofi Amofa Kusi; Respondent/respondent/respondent: Afia Amankwah Adarkwah
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
4 May 2022
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal allowed in part
Legal Topics
Divorce, Matrimonial Property, Alimony, Financial Provision, Child Custody
Source Language
English
Family Law Divorce Matrimonial Property Alimony Financial Provision Child Custody

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Parties

Kofi Amofa Kusi

Petitioner/appellant/appellant

Afia Amankwah Adarkwah

Respondent/respondent/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the respondent's counsel's lack of a valid practicing license invalidated proceedings and reliefs granted
  2. 2 Whether the award of vehicle GN 902-13 to the respondent was proper
  3. 3 Whether the lump sum financial settlement of GH¢200,000.00 to the respondent was justified

Ratio Decidendi

The Supreme Court dismissed the grounds relating to the respondent's counsel's license as not properly before the court, affirmed the award of vehicle GN 902-13 and the lump sum financial settlement as just and equitable, set aside the order granting H/No. Plot 12, 30th Street, Apramang, Kumasi to the respondent as it was not matrimonial property, and instead settled H/No. Plot 1, Kwame Dwumfour Street, Oti Wood Village (Kokobeng house) on the respondent as property settlement.

Court Disposition

appeal allowed in part

Orders

  • Order granting H/No. Plot 12, 30th Street, Apramang, Kumasi to the respondent set aside
  • H/No. Plot 1, Kwame Dwumfour Street, Oti Wood Village (Kokobeng house) settled on the respondent as property settlement