DANQUAH vs. DANQUAH [1978]DLHC1139

Date	1978-07-31
Suit No.
Citation No.	[1978]DLHC1139

OSEI-HWERE J.

A. H SACKEYFIO FOR THE PETITIONER.

O. K. SAMPSON FOR THE RESPONDENT.

[1978]DLHC1139
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >DANQUAH <o:p></o:p>vs. <o:p></o:p>DANQUAH<o:p></o:p>[HIGH COURT, CAPE COAST]<o:p></o:p>&nbsp;[1979] GLR 371<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:
31 JULY 1978<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">

A. H, SACKEYFIO FOR THE PETITIONER.<o:p></o:p>

O. K. SAMPSON 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">

OSEI-HWERE J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF OSEI-HWERE J.<o:p></o:p>On 2
September 1958 John Yaw Danquah, the petitioner herein, lawfully took to wife
at the district registry of marriage, Tarkwa, Mary Dawson Amoah and thenceforth
to be known as Mary Danquah the respondent herein. After the said marriage the
couple lived and cohabited at Tarkwa, Dunkwa-on-Offin, and finally at Cape
Coast. There are two female issues of the marriage both of whom have, according
to the petitioner, had the benefit of university education and are now in
employment. The petitioner is presently employed in the accounts branch of the
University of Cape Coast whilst the respondent is a senior school teacher at
Cape Coast. The husband has filed a petition for divorce disclosing the
following facts:<o:p></o:p>“(4) That
there have been proceedings previous hereto in this honourable court with
reference to the said marriage and the children of the said marriage by the
petitioner but the matter was settled, and an order made by the court for
maintenance of the children. <o:p></o:p>(5) That
in the year 1971, the respondent left the matrimonial home and has since refused
to return. The respondent left home after a misunderstanding between her and
your petitioner and all efforts to get her to return home failed. (6) That the
respondent has frequently committed adultery with person or persons unknown,
and that by reason of such adultery the petitioner finds it intolerable to live
with the respondent. <o:p></o:p>(7) That
from the time in 1971 when the respondent left the matrimonial home aforesaid,
the respondent has been habitually committing adultery with person or persons
unknown. <o:p></o:p>(8) That
the said marriage has therefore broken down beyond reconciliation. <o:p></o:p>(9) That
your petitioner has not in any manner been accessory to, or connived at or
condoned the adultery alleged in this petition. <o:p></o:p>(10) That
this petition is not presented or prosecuted in collusion with the respondent.”<o:p></o:p><o:p>&nbsp;</o:p>Whilst
admitting averments contained in paragraph (4) of the petition the respondent
charged in her answer that the petitioner disobeyed the order for maintenance
of the children and that this has been her sole responsibility. Her answer ran
on:<o:p></o:p>“(3) The
respondent vehemently denies the averments contained in paragraph (5) of the
petition and will at the hearing put the petitioner to strict proof of those
averments. In further answer to the said paragraph (5) the respondent states
that some time in 1972, the elder daughter of the marriage became pregnant and
the petitioner sacked her from the house as a result of which she went to live
with her uncle in Accra. The respondent pleaded with the petitioner to bring
back the girl to Cape Coast where she would be better cared for but the
petitioner for no good reason whatsoever refused to allow the girl to return to
the house. (5) In desperation, the respondent moved into another flat in the
same house where the petitioner lived and then brought the girl from Accra to
live with the respondent. (6) Some few days after the respondent had brought
back her elder daughter from Accra the petitioner in his usual brutal and
violent manner, quarrelled the whole night, threw stones into the bedroom of
the respondent and threatened to kill the respondent and her children. (7) Next
morning the respondent reported the incident to the then Regional Commissioner,
Colonel Bernasko, who advised the respondent to leave the matrimonial home
after all efforts at reconciliation had failed. (8) The respondent denies
committing adultery as pleaded in paragraphs (6) and (7) of the petition. (9)
The respondent rather states that some two weeks after she was forced to leave
the matrimonial home the petitioner brought in one Grace Bennin with whom the
petitioner has since committed adultery on several occasions. (10) The
respondent admits that the marriage has broken down beyond reconciliation, but
says that this is due solely to the cond</main>