[2017]DLHC3977April 28, 2017High Court

FRANCIS ACHEAMPONG vs. EMELIA ACHEAMPONG THE DEPUTY SHERIFF – CIRCUIT COURT

The parties were customarily married on October 10, 1992 and subsequently married under the Ordinance on March 27, 1993 at the Teachers Hall, Accra. The marriage certificate indicated the place of marriage as Grace Outreach Church, Osu, Accra. The parties had four children, though the Plaintiff only acknowledged three. The marriage broke down, and the 1st Defendant filed for divorce, which was granted by the Circuit Court on June 22, 2012. The Plaintiff challenged the validity of the marriage and the divorce judgment, alleging fraud and procedural irregularities, including lack of notice of court processes and the invalidity of the marriage due to the venue and absence of a special license. The 1st Defendant counterclaimed for maintenance and other reliefs.

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Introduction: [1] On October 10, 1992 the parties were customarily married but it seems they wanted something more so on 27th of March 1993, Francis Acheampong, the Plaintiff married under the ordinance his sweetheart, Emelia Acheampong nee Glover, in Accra. The marriage took place at the Teachers Hall, near Workers College, Accra but the Marriage Certificate issued has the place of marriage as “Grace Outreach Church, Osu, Accra”. The parties are the parents of four (4) children according to the wife but the Plaintiff recognizes the first three children only. It appears the marriage turned out to be bittersweet when the parties herein began to experience problems. Mrs. Acheampong therefore filed a petition for divorce and same was granted by the Circuit Court, Accra on June 22, 2012. [B] The Action [2] By a writ of summons filed on the 30th day of November, 2015 the Plaintiff claims against the Defendant the following reliefs: a) A declaration that judgme...