[2022]DLSC11698June 15, 2022Supreme Court

GIFTY ESINAM ADJEI vs. DANIEL AKPOR ADJEI

The parties were customarily married for sixteen years and later converted the marriage into an ordinance marriage in 2012. The husband was a mason and the wife a seamstress. The wife cared for the husband's four children from a previous relationship and alleged unreasonable behavior, including physical assault and accusations of adultery by the husband. The matrimonial home was constructed during the marriage, with the wife claiming contributions in labor and support, while the husband claimed sole ownership and that the land was a gift to him. The wife petitioned for divorce and sought dissolution of the marriage, a 50% share of the matrimonial home and other properties, alimony, and repayment of a debt. The husband admitted the marriage breakdown but denied assault and claimed the house was built before the marriage.

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HONYENUGA JSC:- This is an appeal from the judgment of the Court of Appeal dated the 11th day of July, 2019 which affirmed the judgment of the High Court dated the 31st day of October 2016. A perusal of the record of appeal reveals clearly that the appeal is essentially premised on the distribution of property rights between the parties. Therefore the issue arising in this appeal is whether or not the Petitioner/Respondent is entitled to fifty percent (50%) of the matrimonial house in issue as held by the High Court and the first appellate court. In this judgment, the Respondent/Appellant/Appellant would hereinafter be referred to as the husband and the Petitioner/Respondent/Respondent as the wife. BACKGROUND FACTS This is a unanimous judgment of the Court of Appeal and the final orders made by the Court of Appeal after its Judgment were as follows:- “The orders made by the court below are valid and should be carried out. The appeal by all indication lack merit and should be .....