MARIAM PARTEY vs. WILLIAM PARTEY

The petitioner commenced divorce proceedings in the Circuit Court, Accra, seeking dissolution of the marriage, maintenance, restraint against dealings with the Airport West property, custody of the children, and liberty to apply for financial provision. She pleaded that the parties’ ordinance marriage was celebrated in London on 17 October 1981; that they had lived together in the United Kingdom and later in Ghana at H/No. 113 Airport West, Dzorwulu, Accra; that they had not lived as husband and wife for a continuous period of twelve years preceding the petition; and that the marriage had broken down beyond reconciliation because of the respondent’s unreasonable behaviour, failure to maintain her and the children, and adultery. The respondent entered appearance under protest and unsuccessfully sought to set aside the petition, but filed no answer. On 9 November 2000, in the absence of the parties and without oral evidence being taken, the Circuit Court dissolved the marriage and ordered that H/No. 113 Airport West be taken over by the petitioner and the three children forever by way of settlement. Portion of judgment: “By her petition filed on 25th day of May, 1999, the petitioner prayed for…”, “The petitioner averred…”, and “On 9th day of November, 2000 the learned trial Judge dissolved the marriage… and further ordered that respondent’s House No. 113, Airport West, Dzorwulu, Accra be taken over by the petitioner and her three children… forever by way of settlement.”