[2021]DLSC10157 • April 21, 2021 • Supreme Court •
TONY LITHUR vs. NANA OYE LITHUR
The parties were spouses engaged in a pending divorce and matrimonial cause before the High Court, Accra, commenced by the Respondent in the Supreme Court appeal. While that substantive petition was pending, the Appellant applied for interim reliefs seeking, among other things, the ejection of the Respondent from the matrimonial home at New Ogbojo, restraint from approaching her person or the matrimonial home, and alternate use of a house at Ada. She alleged hostility, insecurity, removal of household items to an East Legon property, termination of domestic staff, and damage to utilities and security systems. The Respondent denied creating hostility, denied the Appellant’s interest in the Ada property, and opposed joint use of that property on the basis that it would create further conflict. Portion of judgment: under “PROLOGUE”, “FACTS OF THE APPEAL”, and the quoted affidavit paragraphs 51, 52, 55, 56 and supplementary affidavit paragraphs 6, 8, 9, 10 and 11, as well as the Respondent’s affidavit paragraphs 4, 7, 22 and 40.
read moreDOTSE, JSC:- This is an appeal by the Respondent/Respondent/Appellant, hereafter referred to as the Appellant against the decision of the Court of Appeal dated the 3rd day of December, 2019 which decision actually upheld an appeal lodged by the Petitioner/Appellant/Respondent, hereafter referred to as the Respondent against the decision of the High Court, Accra dated 8th February 2019. PROLOGUE There is pending between the parties herein a Divorce and Matrimonial cause before the High Court, Accra. That Petition is at the instance of the Respondent herein. Whilst that petition was pending, learned Counsel for the Appellant, at the instance of the Appellant filed an Application on Notice headed as follows:- “Motion on Notice for Interim Relief Pending Determination of Substantive Matrimonial Cause.” In view of the antecedents of the matters raised in the record of appeal and in the many depositions contained in the affidavits either in support or in opposition filed by the part...