Mensah Vrs Mensah [2012] GHASC 8 (22 February 2012)

Mensah Vrs Mensah [2012] GHASC 8 (22 February 2012)

The Supreme Court held that the equality is equity principle, as enshrined in Article 22(3) of the 1992 Constitution and affirmed in Mensah v Mensah and Boafo v Boafo, applies to the distribution of marital property acquired during marriage upon divorce. The court found that the petitioner contributed substantially to the acquisition of the properties, both directly and indirectly, and is entitled to an equal share. The court further held that even absent direct financial contribution, the performance of household duties and maintenance of a congenial domestic environment are sufficient to warrant equal sharing. There was no legal or evidential basis to disturb the concurrent findings of...

Citation
[2012] GHASC 8
Parties
Petitioner/respondent/respondent: Gladys Mensah; Respondent/appellant/appellant: Stephen Mensah
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
22 February 2012
Procedural Posture
Civil Appeal / Final Appellate Judgment (supreme Court)
Outcome
appeal dismissed; lower court decision affirmed
Legal Topics
Matrimonial Property, Divorce, Equality in Property Distribution, Burden of Proof, Lifting Corporate Veil
Source Language
English
Family Law Constitutional Law Matrimonial Property Divorce Equality in Property Distribution Burden of Proof Lifting Corporate Veil

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Parties

Gladys Mensah

Petitioner/respondent/respondent

Stephen Mensah

Respondent/appellant/appellant

Procedural Posture

Civil Appeal / Final Appellate Judgment (supreme Court)

Legal Issues

  1. 1 Whether the equality principle used by the trial and appellate courts in the distribution of marital property acquired during marriage following the dissolution of the marriage is sustainable under the current state of the laws in Ghana based on the available evidence on record.
  2. 2 Whether the trial and appellate courts correctly evaluated the evidence and applied the proper rules of the Evidence Act, 1975 NRCD 323.
  3. 3 Whether the courts below correctly awarded lump sum payments out of accounts of a limited liability company.

Ratio Decidendi

The Supreme Court held that the equality is equity principle, as enshrined in Article 22(3) of the 1992 Constitution and affirmed in Mensah v Mensah and Boafo v Boafo, applies to the distribution of marital property acquired during marriage upon divorce. The court found that the petitioner contributed substantially to the acquisition of the properties, both directly and indirectly, and is entitled to an equal share. The court further held that even absent direct financial contribution, the performance of household duties and maintenance of a congenial domestic environment are sufficient to warrant equal sharing. There was no legal or evidential basis to disturb the concurrent findings of...

Court Disposition

appeal dismissed; lower court decision affirmed

Orders

  • Petitioner is entitled to an equal share in all marital properties acquired during the subsistence of the marriage.
  • Court of Appeal decision of 23rd July 2009 is affirmed.