PATIENCE ARTHUR (PETITIONER/RESPONDENT) vs. MOSES ARTHUR

The parties were formerly husband and wife. Upon dissolution proceedings, the High Court on 10 May 2010 dissolved the marriage, made custody and access orders in respect of the children, ordered child maintenance, and distributed matrimonial property, including granting the wife ownership of a house at Kasoa, half share in a storey building and shops at Weija, and ownership of salon equipment, while granting the husband ownership of the matrimonial home subject to recovery of two rooms. The husband appealed. The Court of Appeal set aside most of the High Court’s property orders and instead largely confined relief to confirmation of the dissolution, access to the children, and an order that the wife account for GH¢30,000 given to her for treasury bills. On further appeal, the Supreme Court on 26 July 2013 restored the High Court judgment in its entirety, endorsing equality-based principles in the distribution of marital property. The husband then invoked the Supreme Court’s review jurisdiction under rule 54 of C.I. 16, contending that exceptional circumstances and miscarriage of justice arose particularly from the order granting the wife half share in the Weija storey building. Portion of judgment: “The High Court Accra on the 10th day of May 2010 entered judgment in favour of the... Respondent to the following effect...” and “Following an appeal to the Supreme Court by the Respondent herein, the court on the 26th day of July 2013 allowed the said appeal...”