[2019]DLHC11512 • November 29, 2019 • High Court
MAVIS OSEI OWUSU vs. ROBERT OSEI OWUSU
The petitioner commenced divorce proceedings on 15 May 2015 seeking dissolution of an Akan customary marriage, custody and maintenance orders in respect of the parties’ son, repayment of monies allegedly advanced to the respondent, and settlement of several properties in Ghana and the United Kingdom. The respondent entered appearance, denied that any subsisting marriage remained, and contended that the customary marriage had already been dissolved in July 2011. He also denied liability for the alleged loan and cross-petitioned for declarations that the marriage had been dissolved and that each party should retain his or her own properties. The parties were Ghanaian spouses also resident in the United Kingdom, with one child of the marriage. The central factual controversy was whether the 2011 family meeting in Ghana validly dissolved the customary marriage under Akan law, and, if not, how the court should deal with divorce, maintenance, and distribution of property. Portion of judgment: opening paragraphs setting out the petition and cross-petition; and the passage beginning, “The facts of the case are that the parties who are both Ghanaians were married under Akan customary law...”
read moreOn the 15th day of May, 2015, the Petitioner filed a divorce petition against the Respondent for the following reliefs: 1. The marriage between the parties be dissolved. 2. The Petitioner be granted custody of the child with reasonable access to the Respondent. The Respondent shall provide regular maintenance for the child as well as payment of all medical bills which are not borne by the state. 3. An order directed at the Respondent to pay an amount of £8629.30 to the Petitioner which is the outstanding balance of the loan of £10,000.00 granted to the Respondent in June 2003 and interest of 21.4% per month on the said amount from June 2003 to January 2008. 4. The property situate and being at Dome and comprising of 3 bedrooms and 2 bedroom boys quarters and one (1) store be settled on the Respondent. 5. The property situate and being at Anyaa comprising of 5 bedrooms house and 3 stores which was jointly financed by the parties be settled on the Petitioner and the child. 6. Th.....