Anderson Vrs Amoani [2023] GHACC 198 (27 March 2023)

Anderson Vrs Amoani [2023] GHACC 198 (27 March 2023)

The uncompleted building acquired during the subsistence of the marriage is matrimonial property and must be shared between the parties, with the petitioner entitled to 40% and the respondent 60%. The petitioner failed to prove the tipper truck was matrimonial property. The respondent is ordered to pay maintenance and school fees for the two children in the petitioner's custody.

Citation
Anderson Vrs Amoani [2023] GHACC 198 (27 March 2023)
Parties
Petitioner: Evelyn Anderson; Respondent: Richard Amoani
Court
ghacc
Jurisdiction
Ghana
Judgment Date
27 March 2023
Procedural Posture
Matrimonial/dissolution of Customary Marriage / Final Judgment
Outcome
Customary marriage dissolved; uncompleted building declared joint property; maintenance and school fees ordered for children; tipper truck claim dismissed.
Legal Topics
Dissolution of Customary Marriage, Matrimonial Property, Child Maintenance
Source Language
eng
Family Law Dissolution of Customary Marriage Matrimonial Property Child Maintenance

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Parties

Evelyn Anderson

Petitioner

Richard Amoani

Respondent

Procedural Posture

Matrimonial/dissolution of Customary Marriage / Final Judgment

Legal Issues

  1. 1 Whether the petitioner is entitled to a share of the uncompleted building acquired during marriage
  2. 2 Whether the petitioner is entitled to proceeds or share of the tipper truck
  3. 3 Whether the respondent should pay maintenance for the children

Ratio Decidendi

The uncompleted building acquired during the subsistence of the marriage is matrimonial property and must be shared between the parties, with the petitioner entitled to 40% and the respondent 60%. The petitioner failed to prove the tipper truck was matrimonial property. The respondent is ordered to pay maintenance and school fees for the two children in the petitioner's custody.

Court Disposition

Customary marriage dissolved; uncompleted building declared joint property; maintenance and school fees ordered for children; tipper truck claim dismissed.

Orders

  • Petitioner awarded 40% share of uncompleted building; respondent awarded 60%.
  • If property cannot be shared, it should be valued and respondent given first option to buy out petitioner; otherwise, petitioner may buy out respondent or property auctioned and proceeds shared.