[1983]DLCA190 • January 26, 1983 • Court of Appeal
ACHIAMPONG vs. ACHIAMPONG
The appellant (husband) and respondent (wife) were married under the Marriage Ordinance in 1971. The wife was a graduate teacher and the husband a foreign service officer. Marital differences arose in 1977 due to the husband's adultery and assaults. The wife petitioned for divorce in 1978, which was granted by the High Court on grounds of irretrievable breakdown. Custody of two children was given to the wife by consent, and the husband was ordered to pay maintenance and a lump sum of ¢4,000. The wife claimed joint ownership of the matrimonial home, savings, cars, and household items. The High Court declared the wife had a beneficial interest in these properties. The husband appealed this declaration.
read moreJUDGMENT OF ABBAN J.A. The appeal is from the judgment of the High Court, Accra, dated 7 August 1981. It was the result of the outcome of proceedings brought under section 20(1) of the Matrimonial Causes Act, 1971 (Act 367), by the respondent. The appellant and the respondent both Ghanaians, were husband and wife, having been married under the Marriage Ordinance, Cap 127 (1951 Rev.), on 27 March 1971. The respondent (hereafter called the wife) was a graduate teacher in the Ministry of Education. At the relevant period the wife had been posted to the Teacher Training College, Accra. The appellant (hereafter called the husband) was a foreign service officer in the Ministry of Foreign Affairs. In 1977, differences arose between them because of the husband’s adultery with other women, his constant assaults and raining of blows on the wife. Matters having come to a head in 1978, the wife petitioned for divorce. Although the husband filed an answer, he did not in fact offer any .....