[2023]DLCA17141January 19, 2023Court of Appeal

KATE AFFRAM MENSAH vs. CHARLES AFFRAM MENSAH

The parties were first married under customary law in 1980 and later converted the union into an ordinance marriage in 1999. They had four children, of whom only Joel was a minor when the petition was filed in 2012. The wife, a trader, remained in the matrimonial home with the children, while the husband, an accountant, lived elsewhere after the relationship became acrimonious. Both parties agreed that the marriage had broken down beyond reconciliation and sought dissolution. The wife additionally sought declarations that the matrimonial home at Santa Maria, a block of seven shops at Santa Maria, and a block of four shops with a one-bedroom apartment at Sowutuom were jointly acquired properties, and also sought custody of the minor child. She testified that although the husband acquired the land and began construction of the matrimonial home, the house was uncompleted when they moved in and she contributed to its completion by purchasing materials, paying school fees, utility bills, and maintaining the home. This is drawn from the opening factual narrative of the judgment and the court’s summary of the petitioner’s evidence beginning with: “In her evidence the petitioner testified that when the parties got married...”

read more

JUDGMENT RICHARD ADJEI-FRIMPONG JA: The quest of this trial as is usual with matrimonial causes was for the trial Circuit Court to determine issues of dissolution of the parties’ marriage, property settlement and child custody. The parties contracted a customary marriage in 1980 and later in 1999, had same converted into an ordinance marriage. The relationship was blessed with four children namely Amanda--30 years, Josephine—26, Michael—23 and Joel—11. From the facts, the relationship had in recent years turned acrimonious a key manifestation of which had been their living apart. The wife (petitioner), who is a trader has been living with the children in the matrimonial home whilst the husband (respondent) an accountant, lives elsewhere. At the trial, not much turned on the dissolution of the marriage. The parties were ad idem that their marriage had broken down beyond reconciliation. Indeed, both had, in the petition and response respectively, asked for dissoluti...