GALL vs. GALL

JUDGMENT OF ARCHER J. On an ex parte motion by the applicant in this matter, I ordered provisionally the issue of an absconding warrant for the arrest of the respondent on 26 April 1965, on a revelation by counsel for the applicant to the effect that the respondent would leave the jurisdiction the following morning. At the hearing of the application I made my views clear as to whether or not the Matrimonial Causes Act, 1950,1 passed by the United Kingdom Parliament applied in Ghana so as to enable the applicant to take an originating summons under section 23 of the said Act for an order of the court enjoining the respondent to pay the applicant maintenance. Counsel for the applicant argued that the Matrimonial Causes Act, 1950, applied in Ghana because the Matrimonial Causes Act, 1937,2 referred to by Order 55 of the Ghana Supreme [High] Court (Civil Procedure) Rules, 1954,3 had been repealed in the United Kingdom. Moreover, where the facts disclosed a case for judicial separation the...