MRS. ABENA POKUA vs. YAW KWAKYE

The Petitioner and Respondent entered into a customary law polygamous marriage in 1998, with the Respondent having other wives and children known to the Petitioner. They had three children. The Petitioner filed for dissolution of the marriage alleging breakdown beyond reconciliation and sought division of matrimonial properties. The Respondent denied joint ownership of most properties claimed by the Petitioner. The High Court dissolved the marriage and ordered division of certain properties and financial provisions for the Petitioner and children. The Respondent appealed to the Court of Appeal, which found that the parties ran separate businesses and rebutted the presumption of joint ownership for many properties, reducing the financial award to the Petitioner. The Petitioner appealed to the Supreme Court seeking to set aside the Court of Appeal's judgment and restore the High Court's decision.

JUDGMENT ASIEDU JSC. [1.0]. My lords, the Petitioner/Respondent/Appellant, Abena Pokua, (hereafter referred to as the Petitioner), celebrated a customary law marriage with the Respondent/Appellant/Respondent, Yaw Kwakye, (hereafter referred to as the Respondent) in 1998. At the time of the marriage, the Respondent had other wives and children to the knowledge of the Petitioner. The couple had three children. Alleging that the marriage had broken down beyond reconciliation, the Petitioner filed the instant petition at the High Court for a dissolution of the marriage. The Petitioner also prayed the High Court for “an order for all matrimonial properties to be shared”. At paragraph 14 of the petition which can be found at page 2 of volume 1 of the record of appeal (ROA), the Petitioner pleaded that: “14 The parties acquired the following properties in the course of the marriage: a) Self-contained House, Ajara Jn. Kade b) House, near CAC Church, Kade c) Commercial House,...