GIFTY ESINAM ADJEI vs. DANIEL AKPOR ADJEI [2022]DLSC11698

Date	2022-06-15
Suit No.	CIVIL APPEAL NO. J4/54/2020
Citation No.	[2022]DLSC11698

YEBOAH CJ (PRESIDING)

PWAMANG JSC

AMEGATCHER JSC

HONYENUGA JSC

KULENDI JSC

WISDOM ANTHONIO ESQ. FOR THE PETITIONER/RESPONDENT/RESPONDENT.

EDWARD ANOKYE ESQ. FOR THE RESPONDENT/APPELLANT/APPELLANT.

[2022]DLSC11698
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													<main id="main" class="content" style="min-height: 60rem" >GIFTY ESINAM ADJEI<o:p></o:p>(PETITIONER/RESPONDENT/RESPONDENT)<o:p></o:p>vs.<o:p></o:p>DANIEL AKPOR ADJEI<o:p></o:p>(RESPONDENT/APPELLANT/APPELLANT)<o:p></o:p>[SUPREME
COURT, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

<p class="MsoNormalCxSpMiddle" align="center" style="margin-bottom:0cm;margin-bottom:
.0001pt;mso-add-space:auto;text-align:center;border:none;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">CIVIL APPEAL NO. J4/54/2020&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 15TH JUNE, 2022<o:p></o:p>

</div>COUNSEL<o:p></o:p>WISDOM
ANTHONIO ESQ.&nbsp; FOR THE
PETITIONER/RESPONDENT/RESPONDENT.<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

<p class="MsoNormalCxSpMiddle" style="margin-bottom:0cm;margin-bottom:.0001pt;
mso-add-space:auto;text-align:justify;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">EDWARD
ANOKYE ESQ.&nbsp; FOR THE
RESPONDENT/APPELLANT/APPELLANT.<o:p></o:p>

</div>CORAM&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>YEBOAH CJ (PRESIDING), PWAMANG JSC, AMEGATCHER
JSC, HONYENUGA JSC, KULENDI JSC <o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0cm;">

<p class="MsoNoSpacing" align="center" style="text-align:center;line-height:115%;
border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>&nbsp;HONYENUGA
JSC:-<o:p></o:p>This
is an appeal from the judgment of the Court of Appeal dated the 11th
day of July, 2019 which affirmed the judgment of the High Court dated the 31st
day of October 2016.<o:p></o:p>A
perusal of the record of appeal reveals clearly that the appeal is essentially
premised on the distribution of property rights between the parties.&nbsp; Therefore the issue arising in this appeal is
whether or not the Petitioner/Respondent is entitled to fifty percent (50%) of
the matrimonial house in issue as held by the High Court and the first
appellate court.<o:p></o:p>In
this judgment, the Respondent/Appellant/Appellant would hereinafter be referred
to as the husband and the Petitioner/Respondent/Respondent as the wife.<o:p></o:p>BACKGROUND FACTS<o:p></o:p>This
is a unanimous judgment of the Court of Appeal and the final orders made by the
Court of Appeal after its Judgment were as follows:-<o:p></o:p>“The orders made by the court below are valid and
should be carried out.&nbsp; The appeal by all
indication lack merit and should be dismissed. It is hereby dismissed. &nbsp;We affirm the decision of the High Court and
dismiss the appeal.”<o:p></o:p>What
were the orders made by the High Court which were affirmed by the Court of
Appeal. They were:-<o:p></o:p>“1. The said marriage is decreed to be dissolved.<o:p></o:p>2. The petitioner is entitled to 50% of the
properties acquired in the course of the marriage. The building is to be valued
and she given her one half share.<o:p></o:p>3.&nbsp; It is my
considered opinion that it will be fair and just if she is awarded financial
provision of five thousand Ghana Cedis (GH¢5,000.00).<o:p></o:p>4. The petitioner did not lead any evidence on the
fact that the Respondent owes her seven thousand Ghana cedis
(GH¢7,000.00).&nbsp; Her claim for the said
amount of money fails.<o:p></o:p>5. Costs of three thousand Ghana cedis
(GH¢3,000.00) is awarded to the petitioner.”<o:p></o:p>The
facts were that the parties were customarily married for sixteen years and on the
24th July 2012 they converted the said marriage into an ordinance
marriage which was celebrated at Ledzokuku Krowor Municipal Assembly at Nungua.&nbsp; The marriage was later blessed at the Christ
Inventors Mission at Tsui Bleoo Teshie. There were no issues during the
marriage. The husband was a mason and the wife a seamstress.&nbsp; The wife averred that prior to the marriage
the husband had four children whom he brought to the matrimonial home and it
was the wife who cared for them from infancy and treated them as her own
children.&nbsp; She further averred that the
husband behaved in unreasonable manner that she could not be expected to ever
live with him as a wife.&nbsp; She
particularized the unreasonable behavior or conduct of the husband to the extent
that the husband insults and assaults her physically and accused her of being a
prostitute and being in adulterous relationship which she denied.&nbsp; The wife also accused the husband of
committing adultery with other women.&nbsp;
She stated that on one occasion, the husband assaulted her in public
when she was talking to the husband of a lady pastor because he claimed she was
having an affair with the said pastor.&nbsp;
She also averred that that the husband was extremely cruel and jealous
and assaulted her mercilessly at the sight of her talk or greet any male member
of the community.&nbsp; The husband also threw
her out of the matrimonial bedroom and denied her access to her clothes and other
personal effects the husband lived there alone.&nbsp;
She averred that the husband did not show any love or affection for her
which conduct had affected her psychologically and all attempts at settlement
by her uncle failed.<o:p></o:p>During
the marriage, the matrimonial</main>