MILLICENT ASARE BOAFO vs. PETER ABABIO

The petitioner commenced divorce proceedings and sought, among other reliefs, dissolution of the marriage, declarations that the matrimonial home at Kokomlemle and an unnumbered house at Railway Quarters, Achimota were jointly owned in equal shares, half of the proceeds of sale of the Achimota property if sold, and alimony. Before trial began, the respondent husband died. He was substituted first by the head of family, who also died, and then by a nephew. At trial, the petitioner asserted that both properties, though registered in the respondent’s name, were acquired through the parties’ joint economic efforts, including proceeds from commercial vehicles allegedly jointly owned and income from Nations Best Co. Ltd. The defence denied any joint venture and maintained that the respondent alone acquired the properties. The High Court held that both properties were acquired during the marriage and, because the Achimota property had been sold without the petitioner’s knowledge, settled the Kokomlemle house entirely on the petitioner. On appeal, the Court of Appeal re-evaluated the evidence and found that the petitioner had failed to prove joint ownership of either property, though the court awarded her GH¢30,000 as financial settlement under section 20(1) of the Matrimonial Causes Act, 1971 (Act 367). Portion of judgment: opening narrative of claims and substitutions; and the appellate court’s summary beginning, “The claims made by the petitioner…” and “Unfortunately the respondent died before the commencement of trial…”