[2022]DLSC11717May 25, 2022Supreme Court

ERIC KOFI AGYEI ADDO vs. SALOME ALU ALLOTEY

The parties married under customary law in 1997 and had two children. During the marriage, they acquired a matrimonial home in Ogbojo, two houses in the UK, vehicles, and established two businesses: Atlas Pharmacy Limited and Stomet Company. The Petitioner filed for divorce in 2012 seeking dissolution, custody, sale and division of the matrimonial home, among other reliefs. The Respondent cross-petitioned for custody, ownership interests in properties and businesses, maintenance, and financial provision.

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AMEGATCHER JSC:- My Lords, this Appeal, like many of its counterparts which have been argued before this Court, contends one of two famed issues that arise in all matters of divorce; that is the distribution of spousal property. Briefly, the Petitioner/Respondent/Appellant (hereafter referred to as “the Petitioner”) was prompted to marry the Respondent/Appellant/Respondent (hereafter referred to as “the Respondent”) under customary law sometime in 1997, when the Respondent became pregnant with the couple’s first child. Their marriage saw the birth of two children, Awo Dede Addo and Agya Kwame Addo. Their marriage saw the construction of the parties’ matrimonial home at A.R.S, Ogbojo, the purchase of some vehicles, as well as the acquisition of two houses in the United Kingdom. Their marriage equally saw the creation and rise of two businesses: Atlas Pharmacy Limited, a pharmaceutical business and Stomet Company, a disk cutting business. On 16th October 2012, the Petiti...