[2020]DLCA10013 • November 26, 2020 • Court of Appeal
AYISHETU ABDUL-KADIRI vs. ABDULAI DWAMENA
The Petitioner and Respondent were married under customary law in 1987 in a potentially polygamous marriage. The Petitioner filed for divorce in 2009 seeking dissolution of marriage and division of matrimonial properties including two plots of land and interest in the matrimonial home. The Respondent cross-petitioned for divorce and denied the Petitioner was entitled to financial settlement, alleging she caused the breakdown of the marriage. The marriage was dissolved in 2010. At dissolution, the Respondent had three wives including the Petitioner and several children. The trial court ordered the Respondent to convey one house to the Petitioner and rejected her claim to the matrimonial home. The Respondent appealed against part of the judgment relating to property distribution.
read moreB. ACKAH-YENSU, JA BACKGROUND FACTS The matters that have given rise to the instant appeal are briefly that the Petitioner/Respondent herein filed a Petition for divorce seeking the following reliefs: “a) That the said marriage be dissolved. b) That Petitioner be given the 2nd Plot of land and all the structures on it. c) That the Petitioner be given her interest by way of contribution in the first house that is the matrimonial home. d) Any other order as the Court may deem fit”. The Respondent/Appellant filed an Answer and also cross-petitioned as follows: “a) The Respondent cross-petition for the dissolution of the marriage and says that the petitioner is not entitled to financial settlement because she is the cause of the break-down of the marriage. In this delivery, they shall be referred to as Petitioner and Respondent respectively as in the trial court. On 6th September 1987, the Parties herein celebrated a customary marriage under the Customary Marriage ...