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LYDIA KWAO V. PASCAL MUAKO TCHEMCO

(2020) JELR 92000 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/32/2019  •  22 Jul 2020  •  Ghana

Coram
GBADEGBE, JSC (PRESIDING) , PWAMANG, JSC , DORDZIE (MRS.), JSC , KOTEY, JSC , OWUSU (MS.), JSC

Appearances
DICKSON TWENEBOAH-KODUA FOR THE PETITIONER/RESPONDENT/RESPONDENT. B. T. AGBLEY FOR THE RESPONDENT/APPELLANT/APPELLANT.

Judgement

JUDGMENT

OWUSU (MS.), JSC

On 20th July, 2017, the Court of Appeal dismissed the appellant’s appeal and affirmed the judgment of the trial court.  The Court held among other things as follows:

“Finally, for the reasons given in this judgment, the appeal fails and subject to the exclusion of the Nissan X-Terra from the properties ordered to be shared equally by the parties, the judgment of the trial court dated the 10th of December, 2015 is hereby affirmed.”

Dissatisfied with the decision of the Court of Appeal, the appellant appealed to the Supreme Court on the following grounds:

i. That the Court of Appeal erred in affirming the decision of the trial court that the appellant’s properties as contained in the petition be shared equally between the parties.
ii. That the judgment is against the weight of evidence.
iii. That further grounds of appeal may be filed upon receipt of a certified full copy of the judgment of the Court of Appeal.

Before dealing with the arguments canvassed in support an…

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