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MRS. ABENA POKUA V. YAW KWAKYE

(2025) JELR 114267 (SC)

Supreme Court  •  J4/17/2025  •  9 Jul 2025  •  Ghana

Coram
LOVELACE-JOHNSON (MS) JSC PRESIDING), PROF. MENSA-BONSU (MRS) JSC, KULENDI JSC, ASIEDU JS , GAEWU JSC

Appearances
MATTHEW APPIAH ESQ. FOR THE PETITIONER/RESPONDENT/APPELLANT. WITH HIM JOEL AMOAKO ESQ. HANSEN KWADWO KODUAH ESQ. FOR THE RESPONDENT/APPELLANT/ RESPONDENT.

Judgement

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, Prankese

d) Ten (10) ac…

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