[2023]DLCA16181 • July 20, 2023 • Court of Appeal
EMMANUEL OBENG vs KATE NYAMEKYE (Otherwise known as Mary Frimpong Rubiera (RE)
The parties, Emmanuel Obeng (petitioner) and Kate Nyamekye (respondent), were married and later divorced by mutual consent. The dispute concerned ownership and distribution of several properties acquired during the marriage, including houses and a school in Kumasi and Ashongman. The petitioner claimed sole ownership of most properties, asserting they were individually acquired, while the respondent contended that the properties were jointly acquired marital assets deserving equitable distribution.
read moreEMMANUEL OBENG (PETITIONER/RESPONDENT) vs KATE NYAMEKYE (Otherwise known as Mary Frimpong Rubiera (RE) (RESPONDENT/APPELLANT) [COURT OF APPEAL, KUMASI] CIVIL APPEAL NO: HI/51/2021 DATE: 2O JULY 2023 COUNSEL: D. Osei-Antwi Esq., for Petitioner/Respondent. Ebenezer Ahiator Esq., for Respondent/Appellant. CORAM: SUURBAAREH J.A (PRESIDING) BAAH J.A AMALEBOBA JA JUDGMENT BAAH, J.A: INTRODUCTION The respondent/appellant by this appeal challenges the decision of the trial Circuit Court, Kumasi, dated 25 November 2019, by which it was held that the following properties: a. Two buildings on Plot Nos 40 and 41, Anwomaso, Kumasi. b. A school built on Plot Nos 297-304, Ampabamen, Kumasi. c. A house at Ampabamen No.1, Kumasi, and d. An uncompleted storey building adjacent to the three-bedroom house at Ashongman, are not joint marital properties, as a result of which none could be settled on ...