[2022]DLCA16050 • November 15, 2022 • Court of Appeal
AMMA OWUSU SARPONG vs KOJO OWUSU SARPONG
The parties married under ordinance on 14 February 2005. The Respondent owned a plot of land with a building under construction at Kasoa before marriage. The Petitioner supervised construction and contributed financially during marriage, including funds from a loan intended for IVF treatment. The marriage broke down, and the Petitioner sought divorce, equitable sharing of the Kasoa house, and compensation. The Respondent agreed to dissolution but contested the property sharing.
read moreJUDGEMENT MENSAH-HOMIAH, JA: INTRODUCTION This judgment is rendered in respect of an appeal filed by the Respondent/ Appellant herein against the decision of the High Court, Koforidua, dated 13th December 2019, in favour of the Petitioner/Respondent. The fundamental issue raised by this appeal revolves around the partitioning of marital or spousal property upon dissolution of marriage, bearing in mind the “Jurisprudence of Equality”. In the course of this judgment, we would comment on this question in the light of the plethora of judicial pronouncements on the subject matter. The designations of the parties at the court below would be maintained. BRIEF FACTS OF THE CASE The parties married under the ordinance on 14th February, 2005 in Koforidua and the Respondent later assisted the Petitioner to join him in the United Kingdom (UK), where the couple lived together. At the time of the marriage, the Respondent had solely acquired a plot of land in Kasoa, Ghana, and had constr...