Equitable distribution of marital property not cast in stone – SC affirms in Adjei v Adjei

The Supreme Court of Ghana has reiterated that the equitable distribution of marital property during a divorce is not static or fixed and is thus determined by the facts and circumstances of particular cases. 

Referring to the dictum of Date-Bah (JSC) in the case of Boafo v Boafo, the apex court presided over by C.J. Honyenuga (JSC), held that Ghana’s statutes referred to the equitable distribution without indicating the proportion to be distributed thus have to be done on a case by case basis.

This was the court's decision in an appeal filed by Gifty Esinam Adjei in a divorce petition seeking among other things, an order for the dissolution of her ordinance marriage.

She averred that before their 16 years of customary marriage which was later converted to the ordinance, the husband had four children whom he brought to the matrimonial home and it was she who cared for them from infancy and treated them as her children. 

During the marriage, the marital home was constructed, and thus asserted that she also contributed money she carried mortar and blocks towards the construction and cooked for the laborers while the husband was responsible for the construction. 

 She further averred that the husband behaved unreasonably and that she could not be expected to ever live with him as a wife. 

As a result, Madam Esinam sought an order for her husband to settle one-half of their matrimonial home located at Tebibiano, Teshie near Accra among other reliefs.

High Court

At the court of the first instance, the trial judge held that the wife is entitled to 50% of the properties acquired in the course of the marriage and that the building was to be valued and she is given her one-half share and other financial awards.

Court of Appeal

Dissatisfied with this decision, the husband, Daniel Akpor Adjei went to the Court of Appeal but lost per a unanimous decision.

The court of Appeals in dismissing the appeal noted that “The orders made by the court below are valid and should be carried out.  The appeal by all indication lack merit and should be dismissed. It is hereby dismissed.  We affirm the decision of the High Court and dismiss the appeal.”

Supreme Court

The Supreme Court upheld all the findings of fact made by the High Court which were also affirmed by the Court of Appeal and noted that the decision in Mensah v Mensah was to the effect that there was a presumption in Ghanian law in favor of the sharing of marital property on an equal basis in all appropriate cases between spouses after divorce.

It however held per its decision in Quartson v Quartson  that the decision in Mensah v Mensah “is not to be taken as a blanket ruling that affords spouses unwarranted access to the property when it is clear on the evidence that they are not entitled and that it should be applied on a case by case basis”

Even though the court held that the Court of Appeal’s evaluation and findings were not perverse, it varied the award on property settlement and in their place, awarded the wife three (3)self-contained rooms or their value for the husband to buy them out.

The appeal was then dismissed.

Other members of the 5-member panel of justices included Anin Yeboah(CJ), Pwamang(JSC), Amegatcher(JSC), and Kulendi(JSC).

Check out the full judgment here.