Ghana Case Law

Ayishetu v Dwamenah (J4/36/2024)

Ayishetu v Dwamenah (J4/36/2024) [2025] GHASC 16 (12 March 2025)

Court

Supreme Court

Case number

J4/36/2024

The Supreme Court held that, based on the evidence and the applicable law, the Court of Appeal's order awarding the petitioner a lump sum of GH¢50,000.00 and the Ashalley Botwe property as her settlement was equitable, considering the polygamous context, the parties' respective contributions, and the need for just and fair distribution under Article 22 of the Constitution and Section 20 of Act 367. The appeal was dismissed as there was no basis to disturb the Court of Appeal's conclusion.

Source excerpt

• Distribution of marital property
• Customary marriage
• Matrimonial causes
• Property rights of spouses
• Polygamy and property distribution

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ADUA VRS AZAASI (UE/BO/DC/A4/02/2025)

ADUA VRS AZAASI (UE/BO/DC/A4/02/2025) [2025] GHADC 38 (13 February 2025)

Court

District Court

Case number

UE/BO/DC/A4/02/2025

District Court, Bongo dissolved a customary marriage after finding it had broken down beyond reconciliation. The petitioner must return two cows; other cross-claims failed.

• Customary marriage
• Divorce
• Dowry return
• Matrimonial causes
• Customary-marriage
• Dowry-return

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YIADOM VRS. DARKO (A1/22/2018)

YIADOM VRS. DARKO (A1/22/2018) [2025] GHADC 23 (29 January 2025)

Court

District Court

Case number

A1/22/2018

The petitioner made substantial contributions to the acquisition and cultivation of three cocoa farms and the construction of two bedrooms, kitchen, toilet, bath, and two stores during the marriage. The sum of GH¢50,000.00 is fair, just, and adequate compensation for her contributions, given the circumstances and her inability to utilize the farms due to her current situation. The respondent is ordered to pay this amount, and the agreed monthly maintenance for the children is upheld.

Source excerpt

• Customary marriage
• Matrimonial property
• Maintenance
• Compensation
• Division of property

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DODU VRS. DONKOR (A11/110/23)

DODU VRS. DONKOR (A11/110/23) [2024] GHADC 547 (12 December 2024)

Court

ghadc

Defendant failed to prove she was customarily married to the deceased or cohabited as wife; evidence showed she was not a spouse and not entitled to Letters of Administration. Defendant obtained the grant by misrepresentation and concealment, amounting to fraud. Plaintiff, as surviving brother and family head, is entitled to the grant.

Source excerpt

• Intestate succession
• Letters of administration
• Customary marriage
• Fraud on the court

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FELIX KWAME DZKOBO VRS FELICIA SERWAA AMPONSAH & 2 ORS. (C5/05/15)

FELIX KWAME DZKOBO VRS FELICIA SERWAA AMPONSAH & 2 ORS. (C5/05/15) [2024] GHAHC 399 (14 October 2024)

Court

ghahc

High Court in Nkawkaw held that Comfort Gifty Odamea remained a lawful widow, but Felicia Serwaa Amponsah also had a valid customary marriage. The contested will was upheld.

• Customary marriage
• Ordinance marriage
• Dissolution of marriage
• Validity of will
• Inheritance
• Fraud allegations

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MORO AND ANOTHER VRS. AYEBIO AND OTHERS (PA /62/2019)

MORO AND ANOTHER VRS. AYEBIO AND OTHERS (PA /62/2019) [2024] GHAHC 31 (12 April 2024)

Court

ghahc

The 2nd Plaintiff proved, on a balance of probabilities, that she was customarily married to the deceased and is a surviving spouse entitled to a share of the estate and to be made co-administratrix. The Defendants failed to prove a valid customary gift of the East Legon property; thus, it and other listed properties form part of the estate. The Plaintiffs have not received their lawful share, and the Defendants must render audited accounts and distribute the estate in accordance with PNDCL 111.

Source excerpt

• Intestate succession
• Customary marriage
• Administration of estates
• Gifts inter vivos
• Distribution of estate
• Letters of administration

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KWAKYEWAA VRS ASIAMAH (C5/1/23)

KWAKYEWAA VRS ASIAMAH (C5/1/23) [2024] GHACC 87 (14 March 2024)

Court

ghacc

The marriage had broken down beyond reconciliation due to irreconcilable differences, but the petitioner failed to prove unreasonable behaviour by the respondent. The respondent also failed to prove desertion or entitlement to damages. Custody of the child was granted to the petitioner in the child's best interest. The petitioner was not entitled to a lump sum as push off, but was awarded GH₵60,000.00 as equitable compensation for her contributions to the hotel annex and filling station during the marriage.

Source excerpt

• Divorce
• Customary marriage
• Child custody
• Maintenance
• Division of property
• Financial provision

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OLYMPIO VRS BROWN (A9/51/2021)

OLYMPIO VRS BROWN (A9/51/2021) [2024] GHADC 221 (29 February 2024)

Court

ghadc

The district court dismissed a land recovery claim, finding the plaintiff had not proved ownership or capacity, and also dismissed the 1st defendant’s counterclaim.

• Title to land
• Cohabitation
• Customary marriage
• Burden of proof
• Counterclaim
• Adoption

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AMPONSAH VRS AKORLI (G/WJ/DG/A4/86/23)

AMPONSAH VRS AKORLI (G/WJ/DG/A4/86/23) [2024] GHADC 137 (27 February 2024)

Court

ghadc

The District Court at Weija dissolved a customary marriage after finding it had broken down beyond reconciliation due to the respondent’s neglect and unchallenged evidence.

• Customary marriage
• Divorce
• Child custody
• Maintenance
• Alimony
• Customary-marriage

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OKINE VRS OKINE (C5/118/2024; C5/118/2024)

OKINE VRS OKINE (C5/118/2024; C5/118/2024) [2024] GHACC 65 (23 February 2024)

Court

ghacc

The Circuit Court in Accra dissolved the marriage between Diana Okine and Robert A. Okine after finding the relationship had broken down beyond reconciliation.

• Dissolution of marriage
• Customary marriage
• Ordinance marriage
• Dissolution-of-marriage
• Customary-marriage
• Ordinance-marriage

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