CATHERINE ADJABENG VRS FRANK BOATENG (C5/1/09) [2022] GHACC 337 (6 October 2022)

CATHERINE ADJABENG VRS FRANK BOATENG (C5/1/09) [2022] GHACC 337 (6 October 2022)

The court found that the customary marriage was dissolved in 2002 based on credible evidence, including the sending of divorce schnapps and the petitioner’s conduct. The Afienya property was acquired during the marriage and is marital property. Applying the equality is equity principle, the property is to be shared equally, but an additional 15% of respondent’s share is settled on the petitioner as financial provision due to lack of compensation at dissolution and respondent’s sole benefit from the property since dissolution.

Citation
[2022] GHACC 337
Parties
Petitioner: Catherine Adjabeng; Respondent: Frank Boateng
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
6 October 2022
Case Number
C5/1/09
Procedural Posture
Divorce/matrimonial Cause / Final Judgment
Outcome
Customary marriage declared dissolved since 2002; Afienya property to be shared 65% to petitioner, 35% to respondent; each party to bear own costs.
Legal Topics
Dissolution of Customary Marriage, Division of Matrimonial Property, Financial Provision, Burden of Proof, Customary Practices
Source Language
English
Family Law Customary Law Dissolution of Customary Marriage Division of Matrimonial Property Financial Provision Burden of Proof Customary Practices

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Parties

Catherine Adjabeng

Petitioner

Frank Boateng

Respondent

Procedural Posture

Divorce/matrimonial Cause / Final Judgment

Legal Issues

  1. 1 Whether the customary marriage between the parties was dissolved customarily
  2. 2 Whether the petitioner is entitled to an equal or 1/3 share of the matrimonial home at Afienya
  3. 3 Whether the petitioner is entitled to respondent’s share of the matrimonial home at Afienya as financial settlement

Ratio Decidendi

The court found that the customary marriage was dissolved in 2002 based on credible evidence, including the sending of divorce schnapps and the petitioner’s conduct. The Afienya property was acquired during the marriage and is marital property. Applying the equality is equity principle, the property is to be shared equally, but an additional 15% of respondent’s share is settled on the petitioner as financial provision due to lack of compensation at dissolution and respondent’s sole benefit from the property since dissolution.

Court Disposition

Customary marriage declared dissolved since 2002; Afienya property to be shared 65% to petitioner, 35% to respondent; each party to bear own costs.

Orders

  • Declaration that the customary marriage between the parties has been dissolved since 2002
  • Petitioner to have 65% share of the Afienya matrimonial home