Quartson Vrs Quartson [2012] GHASC 49 (31 October 2012)

Quartson Vrs Quartson [2012] GHASC 49 (31 October 2012)

Non-financial contributions by a spouse, such as supervision of construction and domestic duties, constitute substantial contribution and entitle the spouse to an equitable share in matrimonial property. However, claims for directors’ fees and dividends must be made against the company, not the individual spouse.

Citation
[2012] GHASC 49
Parties
Petitioner/appellant/appellant: Christiana Quartson; Respondent/respondent/respondent: Pious Pope Quartson
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
31 October 2012
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal allowed in part
Legal Topics
Matrimonial Property, Divorce, Equitable Distribution, Corporate Veil, Directors' Fees
Source Language
English
Family Law Property Law Constitutional Law Matrimonial Property Divorce Equitable Distribution Corporate Veil Directors' Fees

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Parties

Christiana Quartson

Petitioner/appellant/appellant

Pious Pope Quartson

Respondent/respondent/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether non-financial contributions by a spouse entitle her to a share in matrimonial property
  2. 2 Whether the appellant is entitled to directors’ fees and dividends from a company controlled by the respondent
  3. 3 Whether the award of financial settlement was adequate

Ratio Decidendi

Non-financial contributions by a spouse, such as supervision of construction and domestic duties, constitute substantial contribution and entitle the spouse to an equitable share in matrimonial property. However, claims for directors’ fees and dividends must be made against the company, not the individual spouse.

Court Disposition

Appeal allowed in part

Orders

  • Award of further financial settlement of GH¢15,000 in addition to the Court of Appeal’s GH¢50,000, totaling GH¢65,000 to the appellant
  • Award of a double plot of land and a Nissan Pathfinder to the appellant