Baidoo Vrs Baidoo [2019] GHASC 91 (11 December 2019)

Baidoo Vrs Baidoo [2019] GHASC 91 (11 December 2019)

The applicant is entitled to 20% of the value of the Dansoman property in its present form, as per the terms of settlement, regardless of the respondent's unilateral alterations. The AESL should value the property as it currently stands, and the proceeds should be divided 20% to the applicant and 80% to the respondent.

Citation
[2019] GHASC 91
Parties
Petitioner/appellant/appellant/respondent: Samuel Baidoo; Respondent/respondent/respondent/applicant: Beatrice Baidoo
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
11 December 2019
Procedural Posture
Civil Motion / Application for Clarification of Judgment
Outcome
application for clarification allowed
Legal Topics
Settlement Agreement, Property Division, Clarification of Judgment
Source Language
English
Family Law Property Law Settlement Agreement Property Division Clarification of Judgment

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Parties

Samuel Baidoo

Petitioner/appellant/appellant/respondent

Beatrice Baidoo

Respondent/respondent/respondent/applicant

Procedural Posture

Civil Motion / Application for Clarification of Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to clarification of the terms of settlement regarding the Dansoman property
  2. 2 Whether the applicant is entitled to 20% of the current value of the Dansoman property despite unilateral alterations by the respondent

Ratio Decidendi

The applicant is entitled to 20% of the value of the Dansoman property in its present form, as per the terms of settlement, regardless of the respondent's unilateral alterations. The AESL should value the property as it currently stands, and the proceeds should be divided 20% to the applicant and 80% to the respondent.

Court Disposition

application for clarification allowed

Orders

  • AESL to value the Dansoman House in its present form
  • Applicant entitled to 20% of the proceeds of the Dansoman House