Nana Ama Amponsah, (Respondent herein), was married to Franklyn Amoah Nyamaah, (Appellant herein) under Akan Customary law in 1991. They have 4 children out of the marriage, 3 girls and a boy.
On the 4th day of August 2003, the Respondent filed a petition at the High Court in Kumasi for dissolution of the marriage on the ground that the Appellant had exhibited a behavior of which she cannot be expected to live with him and that the appellant has caused her much anxiety, distress and embarrassment. Per the Respondent’s amended petition she claimed inter alia
“that the House Number Plot 15 Block “B” Odeneho Kwadaso, the matrimonial home be partitioned and the petitioner given her portion”
The Appellant cross petitioned for one of the two stores at the Central Market being used by the Respondent and custody of the 4 children. I would like to indicate that these were the only reliefs that the cross petition of the Appellant sought and there was no amendment to change or…