DORKENOO vs. DORKENOO [1962]DLHC1422

Date	1962-04-13
Suit No.
Citation No.	[1962]DLHC1422

JIAGGE J.

J. QUASHIE-IDUN FOR THE WIFE-APPLICANT.

TAGOE FOR E. N. MOORE FOR THE HUSBAND RESPONDENT.

[1962]DLHC1422
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">DORKENOO<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">&nbsp;vs. <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">DORKENOO <o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p>[1962] 1 GLR 274<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

DATE:<span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0"> 13TH APRIL, 1962.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

J.
QUASHIE-IDUN FOR THE WIFE-APPLICANT.<o:p></o:p>

TAGOE
FOR E. N. MOORE FOR THE HUSBAND RESPONDENT.<o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

JIAGGE J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF
JIAGGE J.<o:p></o:p>This is an application under section 23 of the Matrimonial Causes
Act, 1950.1(1) The wife -petitioner and husband - respondent were married at
the Chapel of the University College on the 22nd April, 1955. There are three
children to the marriage, Michael 6, John 5 and Kirsty 2 years old. There is
one other child Phillipa 8, a daughter of the respondent but not the
petitioner, who looks after all four children, Phillipa is at a boarding school
but comes home for the holidays and the petitioner pays her fees and
transportation.<o:p></o:p><o:p>&nbsp;</o:p>The petitioner complains that the respondent wilfully neglected to
provide reasonable maintenance for herself and the children, and applies for an
order that the respondent makes to her such payments as may be just for her
maintenance and for the maintenance of the children.<o:p></o:p><o:p>&nbsp;</o:p>According to her, she earns an average monthly income of £G75 as a
freelance journalist. Her husband is also a freelance journalist and earns,
according to her, an average income of £G275. The petitioner claims she needs
an average of £G140 a month for maintenance, and broke this figure down as
follows: school fees, £G20; medicine and doctor’s fees, £G10; food £G50;
children’s clothes £G20; travel and entertainment for the children £G10. She
proposes to take £G30 a month insurance for the education of the children. Then
she required additional funds for running the house, pay the rent, steward boy,
water and electricity.<o:p></o:p>She claims that her husband went to Togoland from July, 1960, to
March, 1961 leaving her to do his work as well as hers and that during that
period the total amount paid to their joint account was £G3,366 16s. 3d. most
of which was her earnings. She claimed that apart from two small items worth
£10 10s. her husband earned nothing for the joint account during that period. She
claims that the sum of £G170 was paid into the joint account after that period
for work the respondent had done for Reuters while in Lome. She claims that
although the respondent was paid for his services in Lome he paid nothing,
apart from the two items already mentioned, into the joint account during the
nine months he was away in Togoland. The respondent in his evidence admitted he
was paid £G100 a month while he was in Togoland and that he did some extra work
as well but could not tell exactly how much he earned.<o:p></o:p><o:p>&nbsp;</o:p>The petitioner claims further that respondent withdrew from the
joint account a total of £G350 while he was in Lome and that was part of the
money she had earned. The respondent bought a camera worth about £G200 by
writing to one of petitioner’s clients for it. The camera was sent to him, and
as a result the petitioner received no earnings for the work she had done for
that client for a period of two months. The petitioner claims that before the
respondent went away to Togoland there was an overdraft of £G600. While he was
away, apart from what he had taken from the joint account and her expenses, she
was able to save £G300 from what she had earned doing his work and her own, and
when the respondent came back the overdraft was still £G600.<o:p></o:p><o:p>&nbsp;</o:p>From May to August 1961, the respondent took from the joint
account £G916. In addition to this the petitioner had to pay a bill of £G306
being respondent’s business expenses. The respondent spent on himself a total
of £G1,122 from April to August 1961. During the same period petitioner claims
she spent £G939 on herself, the four children, school fees, mortgage on the
house, wages and all other expenses. The overdraft shot to £G1,000 from £G600
within three months after the respondent’s return from Lome.<o:p></o:p>