[2024]DLCA18315 • July 25, 2024 • Court of Appeal
ABENA POKUA vs. MR YAW KWAKYE
The petitioner (respondent in appeal) filed for dissolution of a customary marriage contracted in 2003, seeking division of matrimonial properties and other reliefs. The parties cohabited at Kade and had three children. The petitioner alleged abandonment and cruelty by the appellant, including desertion since 2017 and physical assault. The appellant admitted customary marriage but claimed prior marriage and dissolution thereof, denying joint acquisition of properties and alleging separate businesses and property ownership. The High Court ruled largely in favor of the petitioner, declaring certain properties jointly acquired and ordering their distribution.
read moreJUDGMENT BAAH, J.A BACKGROUND On 5 July 2019, the petitioner (hereafter respondent), filed a petition with the High Court, Nsawam, seeking the following reliefs: a. Dissolution of the marriage contracted on in (sic) the year 2003 between the parties. b. An order for all matrimonial properties to be shared. c. Such further order(s) or relief(s) as the court may deem fit. The suit was eventually transferred to the High Court, Kumasi. On 8 May 2020, the respondent (hereafter appellant) filed his answer to the petition. A reply from the respondent was filed on 21 May 2021. The suit was set down for trial on 1 June 2020. In the ensuing plenary trial, the respondent testified and called three witnesses. The appellant testified and called two witnesses. On 9 May 2022, the trial judge delivered himself of a judgment that largely went in favour of the respondent. Dissatisfied with the judgment, the appellant challenged it with a notice of appeal filed on 18 May 22. CASE OF RESPO...