SEKYERE vs. HANSON ALIAS AKUA MERCY [1973]DLHC2331

Date	1973-12-12
Suit No.
Citation No.	[1973]DLHC2331

EDWARD WIREDU J.

ATTA KESSON FOR THE APPELLANT.

AMPIAH FOR THE RESPONDENT.

[1973]DLHC2331
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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:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">SEKYERE<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:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">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:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">HANSON ALIAS AKUA MERCY<o:p></o:p>&nbsp;[HIGH COURT, CAPE COAST]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1974] 1 GLR 56<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:
12 DECEMBER 1973<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">

ATTA
KESSON FOR THE APPELLANT.<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">

EDWARD WIREDU J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF EDWARD WIREDU J.<o:p></o:p>The
parties to this appeal were, prior to the action which has culminated in this
appeal, married under customary law for ten years. Three out of four issues
born out of the said union according to the plaintiff-respondent (who shall
hereafter be referred to simply as the plaintiff) were alive at the time of the
commencement of her action against the defendant-appellant (who shall hereafter
be referred to as the defendant). The plaintiff’s action in the court below was
a claim for:<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">“cash the
sum of N¢192.00 being arrears of maintenance allowance in respect of three (3)
children begotten with her by the said defendant made up of ¢144.00 which was
ordered by the Ministry of Social Welfare and Community Development vide letter
No. WB 114/13 dated 9 August 1971 and N¢48.00 being arrears for (3) three
months maintenance allowance August, September and October inclusive which was
also ordered by the said Department to maintain the said children at N¢16.00
per every month which the defendant has failed to pay the said N¢144.00 and
also failed to abide the said order.”<o:p></o:p><o:p>&nbsp;</o:p>The
marriage between the parties was not one which could reasonably be described as
a happy one. It was characterised by frequent quarrels and fights both in
public places and in the home. The character of the plaintiff throughout the
chequered history of the marriage left much to be desired. Her conduct and
behaviour at public places is what I may describe as very disgraceful. The
evidence shows that throughout her stay with the defendant she exhibited
behaviour and conduct which brought the defendant into direct conflict with
other men.<o:p></o:p>The
events which seemed to have provoked the dispute which brought the parties
before the Social Welfare Department as testified to by the defendant are 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">“My name
is Owusu Sekyere, trader of Winneba. I know the plaintiff who was formerly my
wife but not a real one in accordance with custom as I did not perform all the
marriage rites. During our stay she went to Oda on two occasions and some time
after her father sent bearers to inform me that she was expecting a baby. I
went with some friends to see her father and he told me that he was going to
charge me ¢24.00 for placing her in the family way, when I had not asked for
her hand in marriage. He further told me that he was going to give her in
marriage to someone who had spent ¢120.00 on her and that I should pay that
amount. I told the father that if the plaintiff was already married then I was
prepared to pay adultery fee. The father finally agreed to forego the ¢120.00
as he had not promised to give the plaintiff in marriage to anyone and demanded
only the ¢24.00. The father finally reduced the ¢24.00 to ¢12.00 and a bottle
of schnapps and this I paid and he handed the plaintiff to me to live with her as
a wife. We stayed for some time and she gave birth to a baby boy. Some time
after giving birth, she attended a dance with Annoh Wilson and I took offence
at it and the plaintiff’s father came to render apology to me and I accepted
the apology. Later the plaintiff and that Annoh Wilson went and stayed in Accra
for about a month without my knowledge and that of her father. As I was staying
with her the father came to tell me to find his daughter for him and the
plaintiff’s mother told me that I could trace her to her aunts in Accra. I went
to Accra but could not find her but after some time the plaintiff herself
returned. The plaintiff’s parents came and rendered apology to me and I
accepted the apology and she went to stay in her father’s house. Some time after
the plaintiff’s mother came to report to me that she had seen the plaintiff
flirting with someone. I went and asked the plaintiff of what her mother had
told me and she took offence and the man with whom she was flirting told me
that the plaintiff was only a girl friend to me and not a wife. At that time
the plaintiff was expecting a baby. I made a report to the police that the man
she was flirting with had threatened me and he was arrested and put before the
court when he was fined ¢60.00. The plaintiff’s parents again came and
apologised to me and I accepted the apology and was pacified. I cohabited with
the plaintiff as wife. During our stay she had her second baby and I named her.
Some time after we had a dispute and during the quarrel the pl</main>