COLLINS ABEBRESE VS. PHYLISS AKOSUA AGYEMANG

The parties contracted a customary marriage in Accra in 2001, lived together in Accra and later in the United States, and had three children. In 2011 the marriage was dissolved customarily out of court. After dissolution, a dispute remained over properties allegedly acquired during the marriage, including the matrimonial home at Ogbojo, two shops at Avenor, and a leasehold interest in land at La-Bawaleshie. The appellant claimed beneficial interest and equal share in those properties and also sought transfer of a plot at Ogbojo which he said he had purchased from the respondent before the marriage. The respondent denied joint ownership of the listed properties, asserted exclusive ownership of some assets, and counterclaimed for return of two vehicles and a share of US$50,000 allegedly withdrawn by the appellant. Portion of judgment: opening paragraphs beginning “The parties contracted their customary marriage in Accra in 2001…” through the reliefs and counterclaim set out by the court.

JUDGMENT ADJEI-FRIMPONG, J.A: The quest of this appeal is devoid of any complexity. We are simply to decide whether the learned trial judge was right in the manner she distributed certain properties she had found to be jointly acquired during the subsistence of the marriage between the parties herein. The matter went before the trial court after the customary marriage between the parties had already been dissolved out of court. The parties contracted their customary marriage in Accra in 2001. Thereafter, they cohabited in Accra and then in the United States of America. The marriage produced three children, Tasmine, Jermaine and Tiffany. In 2011, the woman presented customary drinks to the man's family in Ghana to signify the dissolution of the marriage. The events of the dissolution and the cause of it, are not material to the determination of this appeal. Even at the trial, both sides appeared satisfied that the marriage had been duly dissolved. The point was therefore no...