BY Grace Zigah
The Supreme Court of Ghana has delivered a landmark judgment in the case of Abena Pokua v. Yaw Kwakye, sending a clear message to spouses about property rights during and after marriage.
The ruling reinforces the principle that marriage under customary law does not automatically entitle either spouse to all property acquired during the union.
The dispute arose after Abena Pokua and Yaw Kwakye, married under customary law and divorced.
Following the separation, Abena Pokua claimed a wide range of properties as jointly acquired marital assets.
The High Court initially ruled in her favor, ordering a substantial division of property between the parties.
However, the Court of Appeal reversed most of this decision, prompting an appeal to the Supreme Court, which ultimately sided with the appellate court.
In its judgment, the Supreme Court clarified critical principles governing property division after divorce.
Among them, the Court emphasized that equity does not automatically translate into equality.
Property acquired during marriage must be shared fairly, taking into account the circumstances of each case, rather than following a rigid 50–50 formula.
The Court also highlighted the importance of contribution.
A spouse seeking a share of property must provide evidence of financial or non-financial contributions toward its acquisition.
Mere assertions of joint ownership, without proof of contribution, are insufficient.
Furthermore, the Court reaffirmed that the presumption of joint ownership is rebuttable. Even if property is acquired during marriage, clear evidence may establish that it belongs solely to one spouse.
The judgment also underlined the constitutional right of spouses to acquire and own property individually.
Article 18(1) of the 1992 Constitution protects a person’s ability to own property independently, emphasizing that marriage does not grant one spouse a license to claim the other’s assets without justification.
Special attention was given to customary polygamous marriages. The Court noted that property distribution in such marriages requires careful consideration to avoid unfair prejudice against other spouses.
Any division must reflect actual contributions rather than assumptions of entitlement based on marital status alone.
Legal experts say this judgment is poised to influence family law significantly, particularly in cases involving customary marriages, where ambiguity over property rights has often led to lengthy disputes.
