Kwao Vrs Tchemco [2020] GHASC 91 (22 July 2020)

Kwao Vrs Tchemco [2020] GHASC 91 (22 July 2020)

The Supreme Court held that the respondent contributed to the acquisition of the properties during the subsistence of the marriage, and under the Matrimonial Causes Act, 1971 [Act 367], she is entitled to an equal share. The concurrent findings of the High Court and Court of Appeal were supported by evidence and should not be disturbed.

Citation
[2020] GHASC 91
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 / Supreme Court Final Judgment
Outcome
appeal dismissed
Legal Topics
Nullity of Marriage, Matrimonial Property, Property Settlement, Appeals, Distribution of Assets
Source Language
English
Family Law Nullity of Marriage Matrimonial Property Property Settlement Appeals Distribution of Assets

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Lydia Kwao

Petitioner/respondent/respondent

Pascal Muako Tchemco

Respondent/appellant/appellant

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the marriage between the parties was void and should be annulled
  2. 2 Whether the respondent contributed to the acquisition of the properties and is entitled to a share
  3. 3 Whether the lower courts erred in ordering equal sharing of properties acquired during the marriage

Ratio Decidendi

The Supreme Court held that the respondent contributed to the acquisition of the properties during the subsistence of the marriage, and under the Matrimonial Causes Act, 1971 [Act 367], she is entitled to an equal share. The concurrent findings of the High Court and Court of Appeal were supported by evidence and should not be disturbed.

Court Disposition

appeal dismissed

Orders

  • Properties listed in the High Court judgment, excluding the Nissan X-Terra, to be shared equally between the parties.
  • Appellant to transfer or convey half interest in the Aplaku properties to the respondent.