Amoakohene Vrs Amoakohene [2020] GHASC 127 (13 May 2020)

Amoakohene Vrs Amoakohene [2020] GHASC 127 (13 May 2020)

Both properties were jointly acquired during the marriage and must be distributed equitably; the lower courts erred by disregarding constitutional and case law principles, resulting in miscarriage of justice.

Citation
Amoakohene Vrs Amoakohene [2020] GHASC 127 (13 May 2020)
Parties
Plaintiff/respondent/respondent: Emmanuel K. Amoakohene; Defendant/appellant/appellant: Juliana Amoakohene a.k.a Maame Sika
Court
ghasc
Jurisdiction
Ghana
Judgment Date
13 May 2020
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal allowed; lower court decisions reversed
Legal Topics
Marital Property Distribution, Divorce, Property Rights of Spouses, Constitutional Interpretation
Source Language
eng
Family Law Property Law Constitutional Law Marital Property Distribution Divorce Property Rights of Spouses Constitutional Interpretation

Case Brief

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Parties

Emmanuel K. Amoakohene

Plaintiff/respondent/respondent

Juliana Amoakohene a.k.a Maame Sika

Defendant/appellant/appellant

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether properties acquired during marriage are joint or separate property
  2. 2 Whether the distribution of marital property was equitable under Ghanaian law
  3. 3 Whether the lower courts erred in their findings of fact and application of legal principles

Ratio Decidendi

Both properties were jointly acquired during the marriage and must be distributed equitably; the lower courts erred by disregarding constitutional and case law principles, resulting in miscarriage of justice.

Court Disposition

appeal allowed; lower court decisions reversed

Orders

  • House No. 23 Block ‘D’ Adiebeba-Kumasi vested in defendant/appellant
  • Plot 1 Block C Kagyase Abuakwa vested in plaintiff/respondent