Verdose Vrs Kuranchie [2017] GHASC 2 (25 January 2017)

Verdose Vrs Kuranchie [2017] GHASC 2 (25 January 2017)

The Supreme Court held that the order of the Court of Appeal did not grant a freehold interest to the petitioner but must be executed in compliance with Article 266, limiting the interest to a fifty-year lease. The respondent is ordered to grant a fifty-year lease in the McCarthy Hill house to the petitioner, with reversion to the respondent and the children.

Citation
[2017] GHASC 2
Parties
Petitioner/respondent/respondent: Martin J. Verdose; Respondent/appellant/appellant: Patricia Abena Verdose-Kuranchie
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
25 January 2017
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal dismissed subject to substituted order
Legal Topics
Matrimonial Property, Divorce, Land Ownership by Foreigners, Constitutional Interpretation
Source Language
English
Family Law Property Law Constitutional Law Matrimonial Property Divorce Land Ownership by Foreigners Constitutional Interpretation

Case Brief

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Parties

Martin J. Verdose

Petitioner/respondent/respondent

Patricia Abena Verdose-Kuranchie

Respondent/appellant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether a non-citizen can be granted a freehold interest in land in Ghana through a judicial order
  2. 2 Whether the Court of Appeal erred in settling the McCarthy Hill house on the petitioner, a foreigner, contrary to Article 266 of the 1992 Constitution
  3. 3 Proper application of Article 22(3) of the 1992 Constitution regarding jointly acquired property

Ratio Decidendi

The Supreme Court held that the order of the Court of Appeal did not grant a freehold interest to the petitioner but must be executed in compliance with Article 266, limiting the interest to a fifty-year lease. The respondent is ordered to grant a fifty-year lease in the McCarthy Hill house to the petitioner, with reversion to the respondent and the children.

Court Disposition

appeal dismissed subject to substituted order

Orders

  • Respondent to grant a fifty-year lease in the McCarthy Hill house to the petitioner with reversion to the respondent and the two adopted children.
  • Appeal otherwise dismissed.