OSEI-KOOM vs. OSEI-KOOM [1967]DLHC1527

Date	1967-04-26
Suit No.
Citation No.	[1967]DLHC1527

EDUSEI J.

S. KWAMI TETTEH FOR THE PETITIONER.

E. N. MOORE FOR THE RESPONDENT.

[1967]DLHC1527
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													<main id="main" class="content" style="min-height: 60rem" >OSEI-KOOM <o:p></o:p>vs. <o:p></o:p>OSEI-KOOM <o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p>[1967] GLR 274<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
26 APRIL 1967<o:p></o:p>

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

S. KWAMI TETTEH FOR THE PETITIONER.<o:p></o:p>

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

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

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

</div><o:p>&nbsp;</o:p>JUDGMENT OF EDUSEI J.<o:p></o:p>The
petitioner and the respondent were married on 17 December 1960 at the A.M.E.
Zion Church, Cape Coast. Before this marriage both parties had had some
education in the United Kingdom, the petitioner having studied for three years
at Liverpool Calder College for a diploma in domestic science. She holds another
diploma in the same discipline from an Australian institution where she
underwent some training.<o:p></o:p><o:p>&nbsp;</o:p>There are
two children of the marriage-Nana Ekua Abiw Osei-Koom born on 15 June 1961 and
Kwamina Osei-Koom, Jnr., born on 3 February 1963. The petitioner is now a
teacher at the Winneba Specialist Training College and the respondent is acting
principal of Kikam Technical Institute in the Western Region. The incident
which led to the presentation of the divorce proceedings originated from Kumasi
where the petitioner and the respondent were working as teachers in 1961. They
agreed to have a common fund by bringing their monthly salaries together for
the upkeep of the matrimonial home subject to certain payment to be made to
each spouse. It appears from the evidence that this arrangement worked well for
some time until September 1964 when the petitioner realised that she was worse
off having regard to the fact that she was receiving a higher salary than her
husband. From the evidence there can be no doubt that the arrangement as
regards the putting together of their financial resources worked to the greater
advantage of the respondent. The petitioner decided therefore not to abide by
this arrangement, and on 27 January 1965 a quarrel ensued between the petitioner
and the respondent at their home at Danyame in Kumasi. The genesis of the
quarrel was that the petitioner refused, on request by the respondent, to show
her savings bank book to him and this quarrel to use the words of the
petitioner:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“lasted
till 1 a.m.... He left and closed all the doors of the rooms of our bunglow at
Danyame, Kumasi. He returned and pounced on me as I lay in bed; gave me a slap
on the right cheek followed by another on the left. I got out of bed where I
had been lying when this assault on me took place with a view to defending
myself. As I tried to get out of the bed he held my throat and pinned me down
to the bed and he slapped me with the other hand; I managed to get hold of his
finger and bit it. As his finger was in my mouth he managed to get hold of a
shoe which was near the bed and hit me so hard on my head that I became dazed.<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">He went
to the wardrobe and pulled out my personal effects and scattered them on the
floor of the bedroom. I went to the bathroom to wash my face and realised that
blood was coming out from my nose and mouth.”<o:p></o:p><o:p>&nbsp;</o:p>The
respondent admits that there was this quarrel on 27 January 1965 and that the
cause was her wife’s failure to show him her savings pass book. His version of
the incident of 27 January 1965 was as follows:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“I wanted
to see the savings bank book but she refused to let me see it. I followed her
to the bedroom and asked for the savings bank book and she would not talk to
me. I held her hand and asked-’Comfort are you not the one I am speaking to?’
She threw my hand away and abused me and with my left hand pointing at her I
said that I had not been checking her and that was why she was misbehaving
towards me and suddenly she held my left forefinger and bit it. I asked her to
release my finger which was in her mouth but she would not but continued to
bite me hard and so I gave her a knock on the head with a view to forcing her
to release my finger. She released my finger and I said to her - ‘You have
tempted me to use my hands on you for the first time; so do not do such a thing
again, Comfort I am very sorry’.”<o:p></o:p><o:p>&nbsp;</o:p>I have no
doubt at all in my mind that the story of the petitioner is the more probable
having regard to the events prior to this incident and I prefer her version to
that of the respondent I have no reason to doubt the veracity of her evidence;
she struck me as a witness of truth when I consider the frankness with which
she narrated her whole evidence. I am tempted to say that the respondent might
as well tell his version of the incident of 27 Jan</main>