Kwao Vrs Tchemco [2020] GHASC 48 (22 July 2020)

Kwao Vrs Tchemco [2020] GHASC 48 (22 July 2020)

The Supreme Court held that there was overwhelming evidence that the properties in question were acquired during the subsistence of the marriage through the joint efforts of the parties, and that the respondent contributed to their acquisition. The concurrent findings of fact by the High Court and Court of Appeal were properly made and should not be disturbed. The Matrimonial Causes Act, 1971 [Act 367] entitles the respondent to an equal share of the properties, even though the marriage was declared a nullity.

Citation
[2020] GHASC 48
Parties
Petitioner/respondent/respondent: Lydia Kwao; Respondent/appellant/appellant: Pascal Muako Tchemco
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
22 July 2020
Procedural Posture
Civil Appeal / Final Appellate Judgment (supreme Court)
Outcome
appeal dismissed
Legal Topics
Nullity of Marriage, Matrimonial Property Division, Concurrent Findings of Fact, Appeals Against Weight of Evidence
Source Language
English
Family Law Nullity of Marriage Matrimonial Property Division Concurrent Findings of Fact Appeals Against Weight of Evidence

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Parties

Lydia Kwao

Petitioner/respondent/respondent

Pascal Muako Tchemco

Respondent/appellant/appellant

Procedural Posture

Civil Appeal / Final Appellate Judgment (supreme Court)

Legal Issues

  1. 1 Whether the marriage between the parties was a sham and void by law
  2. 2 Whether the respondent contributed to the acquisition of the properties listed in the petition and is entitled to a share
  3. 3 Whether the concurrent findings of fact by the lower courts should be disturbed by the Supreme Court

Ratio Decidendi

The Supreme Court held that there was overwhelming evidence that the properties in question were acquired during the subsistence of the marriage through the joint efforts of the parties, and that the respondent contributed to their acquisition. The concurrent findings of fact by the High Court and Court of Appeal were properly made and should not be disturbed. The Matrimonial Causes Act, 1971 [Act 367] entitles the respondent to an equal share of the properties, even though the marriage was declared a nullity.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed in its entirety.
  • The properties listed in the High Court judgment, excluding the Nissan X-Terra, are to be shared equally between the parties.