Charles Adamu Frimpong -vrs- Margarert Addo [2020] GHACA 6 (18 June 2020)

Charles Adamu Frimpong -vrs- Margarert Addo [2020] GHACA 6 (18 June 2020)

The marriage was declared a nullity due to the appellant's subsisting prior marriage. The respondent did not prove substantial contribution to the acquisition of the matrimonial home, so the award of fifty percent of the house was set aside. However, the award of GHȼ50,000 compensation for misrepresentation and the maintenance orders for the child were affirmed. Custody of the child was properly awarded to the respondent in the child's best interest.

Citation
[2020] GHACA 6
Parties
Petitioner/appellant: Charles Adamu Frimpong; Respondent/respondent: Margaret Addo
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
18 June 2020
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal succeeds in part
Legal Topics
Nullity of Marriage, Matrimonial Property, Child Custody, Maintenance, Compensation for Misrepresentation
Source Language
English
Family Law Nullity of Marriage Matrimonial Property Child Custody Maintenance Compensation for Misrepresentation

Case Brief

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Parties

Charles Adamu Frimpong

Petitioner/appellant

Margaret Addo

Respondent/respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in awarding fifty percent of the matrimonial home to the respondent after declaring the marriage a nullity
  2. 2 Whether the respondent was entitled to compensation and maintenance
  3. 3 Whether the trial court properly evaluated the evidence and applied the correct legal principles

Ratio Decidendi

The marriage was declared a nullity due to the appellant's subsisting prior marriage. The respondent did not prove substantial contribution to the acquisition of the matrimonial home, so the award of fifty percent of the house was set aside. However, the award of GHȼ50,000 compensation for misrepresentation and the maintenance orders for the child were affirmed. Custody of the child was properly awarded to the respondent in the child's best interest.

Court Disposition

appeal succeeds in part

Orders

  • Award of fifty percent of the matrimonial home to the respondent is set aside
  • Award of GHȼ50,000 compensation to the respondent is affirmed