[2019]DLCA6337March 27, 2019Court of Appeal

ATO ARHIN vs. PHILOMINA APPIAH

Irene Charity Larbi (Mrs) J.A (1) This is an appeal against the decision of the Circuit Court, Cape Coast dated 18th March, 2016. (2) The parties married under Custom around 1996. After the Customary Marriage, the Petitioner/Respondent who was then domiciled in Italy went back while the Respondent/Appellant continued to stay in Cape-Coast. The Respondent/Appellant later joined Petitioner/Respondent in Italy briefly. Thereafter they returned to Ghana and lived at Brafoyaw a Suburb of Cape-Coast. (3) In 1998, the parties converted their customary marriage into an Ordinance Marriage. The parties acquired properties together both in concubinage and during the subsistence of their marriage. They also sojourned to Europe and United States of America (USA) for greener pastures and returned later to settle in Ghana having acquired some wealth together. Amongst the properties they acquired is House Number MJNI Moree Junction, which the Court declared as joint property acquired durin...