BOAFO vs. ABABIO (SUBSTITUTED BY) MENSAH

The petitioner, Millicent Asare Boafo, commenced divorce proceedings in the Divorce and Matrimonial Court, Accra on 20 March 2002 seeking dissolution of her customary marriage to Peter Ababio and ancillary reliefs including declarations that two houses, particularly the matrimonial home at Kokomlemle and an unnumbered house at Railway Quarters, Achimota, were jointly owned in equal shares, or alternatively a half share of sale proceeds, together with alimony and costs. Before trial began, the original respondent, Peter Ababio, died in October 2004. The petitioner thereafter caused first the head of family, Abusuapanyin Yaw Mensah, and after his death, Paul Kwabena Mensah, the customary successor of the deceased, to be substituted as respondent. The High Court nonetheless proceeded to hear the petition, dissolved the marriage, and later awarded the petitioner the Kokomlemle matrimonial home. This factual basis appears in the opening narrative of the judgment beginning: "On 20 March 2002, Millicent Asare Boafo... filed... a petition seeking the following reliefs" and continuing through the passages stating that "Peter Ababio... died in October 2004 before the actual trial started" and that the trial judge "proceeded to dissolve the marriage" and later "settled on her the matrimonial home at Kokomlemle."

JUDGMENT SOPHIA ADINYIRA JSC The facts of the case On 20 March 2002, Millicent Asare Boafo (hereinafter referred to as the petitioner) filed in the Divorce and Matrimonial Court, Accra, a petition seeking the following reliefs: i. that the [customary] marriage between her and [Peter Ababio] be dissolved; ii. the matrimonial home which stands in the name of the [Peter Ababio] be declared as jointly owned by the parties in equal share; iii. that the unnumbered house at railway quarters Achimota which was in the name of [Peter Ababio] but built from joint contribution of the parties be declared as jointly owned by the parties in equal share; iv. that in the alternative in the event that [Peter Ababio] has sold the unnumbered house at railway quarters Achimota the petitioner is given a half share of proceeds accruing there from; v. that [Peter Ababio] is ordered to pay lump sum of alimony to the petitioner; vi. that [Peter Ababio] is ordered to pay the petitioner cost for t...