Obeng Vrs Obeng [2015] GHASC 112 (9 December 2015)

Obeng Vrs Obeng [2015] GHASC 112 (9 December 2015)

The Supreme Court found that while the lower courts considered relevant factors, a slight reduction in the lump sum award was equitable given the short duration of the marriage, the appellant's retirement status, and the totality of evidence. The award was reduced from US$80,000 to US$70,000 or its cedi equivalent, with other orders affirmed.

Citation
[2015] GHASC 112
Parties
Petitioner/appellant/appellant: Anthony Victor Obeng; Respondent/respondent/respondent: Mrs Theresa Henrietta Obeng
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
9 December 2015
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal dismissed with variation
Legal Topics
Matrimonial Property, Financial Settlement, Dissolution of Marriage, Maintenance, Costs
Source Language
English
Family Law Matrimonial Property Financial Settlement Dissolution of Marriage Maintenance Costs

Case Brief

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Parties

Anthony Victor Obeng

Petitioner/appellant/appellant

Mrs Theresa Henrietta Obeng

Respondent/respondent/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the lower courts adequately considered the material factors required by law in awarding a lump sum financial settlement to the respondent
  2. 2 Whether the lump sum award was excessive and constituted a miscarriage of justice
  3. 3 Whether the trial court failed to consider the petitioner's circumstances as required by law

Ratio Decidendi

The Supreme Court found that while the lower courts considered relevant factors, a slight reduction in the lump sum award was equitable given the short duration of the marriage, the appellant's retirement status, and the totality of evidence. The award was reduced from US$80,000 to US$70,000 or its cedi equivalent, with other orders affirmed.

Court Disposition

Appeal dismissed with variation

Orders

  • Award of US$80,000 or its cedi equivalent set aside and substituted with US$70,000 or its cedi equivalent at prevailing rate as lump sum payment to respondent
  • Order for appellant to pay one way ticket from Accra to the United States of America for respondent affirmed