Akoto Vrs Manu [2022] GHASC 42 (26 January 2022)

Akoto Vrs Manu [2022] GHASC 42 (26 January 2022)

The appeal fails because the Appellant did not file an answer or challenge the Respondent's evidence regarding ownership of other properties; the Terms of Settlement were not adopted and were filed out of time; the High Court and Court of Appeal properly applied Article 22(3) of the 1992 Constitution in settling the matrimonial house on the Respondent; no miscarriage of justice or breach of fair hearing occurred.

Citation
[2022] GHASC 42
Parties
Petitioner/respondent/respondent: Linda Akoto; Respondent/appellant/appellant: Bright Kwasi Manu
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
26 January 2022
Procedural Posture
Civil Appeal / Final Appellate Judgment (supreme Court)
Outcome
appeal dismissed; judgment of Court of Appeal affirmed
Legal Topics
Divorce, Matrimonial Property, Distribution of Assets, Terms of Settlement, Burden of Proof
Source Language
English
Family Law Divorce Matrimonial Property Distribution of Assets Terms of Settlement Burden of Proof

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Parties

Linda Akoto

Petitioner/respondent/respondent

Bright Kwasi Manu

Respondent/appellant/appellant

Procedural Posture

Civil Appeal / Final Appellate Judgment (supreme Court)

Legal Issues

  1. 1 Whether the judgment was against the weight of evidence
  2. 2 Whether the High Court and Court of Appeal erred in disregarding the Terms of Settlement
  3. 3 Whether the High Court failed to distribute matrimonial assets equitably under Article 22(3) of the 1992 Constitution

Ratio Decidendi

The appeal fails because the Appellant did not file an answer or challenge the Respondent's evidence regarding ownership of other properties; the Terms of Settlement were not adopted and were filed out of time; the High Court and Court of Appeal properly applied Article 22(3) of the 1992 Constitution in settling the matrimonial house on the Respondent; no miscarriage of justice or breach of fair hearing occurred.

Court Disposition

appeal dismissed; judgment of Court of Appeal affirmed

Orders

  • The judgment of the Court of Appeal dated 14th November, 2019 is affirmed.
  • The thirteen (13) bedroom matrimonial home at Adjiriganor is settled on the Respondent (Linda Akoto).