Daniel Kamara -vrs- Nsia Insurance Co.Ltd. [2021] GHACA 3 (14 October 2021)

Daniel Kamara -vrs- Nsia Insurance Co.Ltd. [2021] GHACA 3 (14 October 2021)

The appellate court held that, since the marriage was a nullity and the respondent did not prove substantial contribution to the acquisition of the matrimonial home, the trial court erred in awarding her 50% of the property. However, the award of GHȼ50,000 as compensation for fraudulent misrepresentation was upheld....

Source-derived case information.

Citation
[2021] GHACA 3
Parties
Petitioner/appellant: Charles Adamu Frimpong; Respondent/respondent: Margaret Addo
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
14 October 2021
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed 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

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Parties

Charles Adamu Frimpong

Petitioner/appellant

Margaret Addo

Respondent/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court erred in awarding 50% of the matrimonial home to the respondent after declaring the marriage a nullity
  2. 2 Whether the respondent was entitled to compensation for fraudulent misrepresentation
  3. 3 Whether the maintenance and custody orders were justified

Ratio Decidendi

The appellate court held that, since the marriage was a nullity and the respondent did not prove substantial contribution to the acquisition of the matrimonial home, the trial court erred in awarding her 50% of the property. However, the award of GHȼ50,000 as compensation for fraudulent misrepresentation was upheld. The custody and maintenance orders were affirmed as being in the best interest of the child.

Court Disposition

appeal allowed in part

Orders

  • Award of 50% of the matrimonial home to the respondent is set aside.
  • Award of GHȼ50,000 compensation to the respondent is affirmed.