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“…a Power of Attorney constituted by a statutory declaration attested by a Commissioner for Oaths or Notary Public has more gravitas than one stated on a paper signed by the donor and attested by a witness without an oath…”   The Plaintiffs, two Italian nationals, instituted an action through a Lawful Attorney to recover property which belonged to their deceased mother after it was confiscated during the revolutionary period. Authority to represent the Plaintiffs in initiating the action was given to their Lawful Attorney by a Power of Attorney. The Court was tasked to determine two main issues: the capacity of the Plaintiffs to bring an action to recover the property; and the validity of the Power of Attorney that had only been attested to by a Notary Public. On the first issue, the Defendants argued that the Plaintiffs did not have the capacity to bring the instant suit because they had not applied for letters of administration. The Supreme Court held that, the Plaintiffs had not sued on behalf of the estate of their deceased mother but rather had sued in their own right by virtue of the fact that the property had devolved on them by operation of Italian Law, which was...

" In Family Law, a marriage is either valid or invalid and there is no third category of "marriages of convenience" or "connection marriages" which are partly valid for some purposes and partly invalid for some purposes."   The wife met the husband in Belgium. They got married under the Customary Law in Ghana. Subsequently, the wife petitioned for divorce, praying for dissolution of the marriage and a declaration of joint ownership of two landed properties in Ghana. The husband disputed the wife’s claim to joint ownership of the properties. He claimed that after their marriage, he discovered that the wife was in a subsisting monogamous marriage which made their customary marriage void. The wife alleged that the deceased was aware of the earlier marriage, which was only for immigration documents ("marriage of convenience"). The husband passed away during the subsistence of the suit. The deceased husband’s family were granted letters of administration over the estate of the deceased, including the properties that were the subject matter of the pending matrimonial case. The wife applied to substitute the deceased’s family for the deceased so the case could be determined. The Court struck out the application based on the fact that divorce proceedings are in...

“Property acquired by spouses during marriage is presumed to be marital property. Upon dissolution of the marriage, the property will be shared in accordance with the “equality is equity” principle except where the spouse who acquired the property can adduce evidence to rebut the presumption”. After a divorce trial at the High Court between Mr. Adjei (the husband) and Mrs. Adjei (the wife), the judge granted the order for divorce but dismissed the husband’s petition for custody of the children. Custody was granted to the wife with the husband having limited rights of access to them. The trial judge held that the four flats, which were the subject of dispute were acquired by the husband during the marriage and at a time when the wife was “nurturing the family unit by cooking meals, cleaning, doing laundry and all the associated chores that the stay-at-home partner in a marriage is expected to do without remuneration. Upon this finding, the trial judge ordered that the wife be entitled to one of the flats as the matrimonial home. Furthermore, the trial judge ordered the husband to pay the sum of five hundred thousand Ghana cedis (GHC500,000.00) to the wife as alimony and one thousand, five...