Bediako Vrs Acheampong [2018] GHASC 54 (28 November 2018)

Bediako Vrs Acheampong [2018] GHASC 54 (28 November 2018)

The Supreme Court affirmed the concurrent findings of the trial and appellate courts that the property should be shared equally between the parties, applying the equality is equity principle due to the impossibility of reliably apportioning individual contributions, and found no merit in the grounds of appeal.

Citation
[2018] GHASC 54
Parties
Plaintiff/respondent/respondent: Adu Bediako; Defendant/appellant/appellant: Kwame Acheampong
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
28 November 2018
Procedural Posture
Civil Appeal / Final Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Joint Ownership, Accounting, Injunction, Valuation, Appeals
Source Language
English
Property Law Contract Law Equity Joint Ownership Accounting Injunction Valuation Appeals

Case Brief

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Parties

Adu Bediako

Plaintiff/respondent/respondent

Kwame Acheampong

Defendant/appellant/appellant

Procedural Posture

Civil Appeal / Final Appeal Judgment

Legal Issues

  1. 1 Whether the property should be shared equally between the parties based on the 'equality is equity' principle
  2. 2 Whether the trial and appellate courts erred in their findings of fact and application of the law
  3. 3 Whether the judgment was against the weight of evidence

Ratio Decidendi

The Supreme Court affirmed the concurrent findings of the trial and appellate courts that the property should be shared equally between the parties, applying the equality is equity principle due to the impossibility of reliably apportioning individual contributions, and found no merit in the grounds of appeal.

Court Disposition

appeal dismissed

Orders

  • Judgment of the Court of Appeal affirmed
  • Property to be shared equally between the parties