FINK vs COELHO [2000]DLHC130

Date	2000-04-12
Suit No.
Citation No.	[2000]DLHC130

DORDZIE J

BRUCE CATHLINE FOR THE PLAINTIFF.

KUDOADZI FOR THE DEFENDANT.

[2000]DLHC130
																																						<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" ><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">FINK<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">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">COELHO<o:p></o:p>[HIGH
COURT, ACCRA]<o:p></o:p>[1999-2000]
2 GLR 166<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.0pt;
mso-border-bottom-alt:solid black .5pt;padding:31.0pt 31.0pt 1.0pt 31.0pt;
mso-border-shadow:yes">

<p class="MsoNormal" align="right" style="margin-bottom:5.0pt;text-align:right;
mso-pagination:none;border:none;mso-border-bottom-alt:solid black .5pt;
padding:0in;mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">Date:
12 APRIL 2000<o:p></o:p>

</div>COUNSEL:<o:p></o:p>BRUCE
CATHLINE FOR THE PLAINTIFF.KUDOADZI FOR THE DEFENDANT.___________________________________________________________________________________________________________________________CORAM:DORDZIE J___________________________________________________________________________________________________________________________JUDGEMENT<o:p></o:p>Dordzie J. <o:p></o:p>The
parties herein were a married couple. They were lawfully married on 14 July
1991 in Denmark. The couple had one child Juliana Porchia Fink, born on 17
November 1991. The family lived together in Germany, the plaintiff being a
German national.<o:p></o:p>On
9 February 1996 the marriage between the parties was dissolved. It is the case
of the plaintiff that when he met the defendant she made him understand she was
a Togolese and had a Togolese passport. Her name in the Togolese passport is
Mabel Houedakor; her date of birth is 15 December 1966 and her place of birth
is Aneho. After their marriage the defendant regularized her stay in Germany.
In the application for resident permit in Germany, the defendant gave the
following particulars of herself: Surname: Fink; maiden name: Houedakor; first
name: Mabel. The date and place of birth were as in her Togolese passport. The
name of her parents she gave as follows: Father: Houedakor Tetevi Michael;
mother: Houedakor Josephine.<o:p></o:p>Upon
the grant of a German resident permit to the defendant, the plaintiff said
their local authority issued them with a family book in which their marriage at
Denmark was recognized. The defendant’s Togolese passport and the application
for resident permit are in evidence as exhibits A and B. The translated version
of the family book is in evidence as exhibit C. The particulars provided by the
defendant in the family book issued the couple are as follows: Maiden name:
Houedakor Mabel; date and place of birth: 15 December 1966; Aneho, Togo. She
gave the father’s name as Houedakor Tetevi and place of residence as Lome,
Togo. Her mother’s name this time she gave as Kalipe Kafui; place of residence:
Lome, Togo. The defendant’s nationality is indicated in the family book as
Togolese and the proof of this is per her passport issued in Lome, Togo on 12
April 1989.<o:p></o:p>According
to the plaintiff, the resident permit issued to the defendant expired; and in
applying for a renewal she presented a new passport, a Ghanaian passport,
though her Togolese passport was still valid for three months. In the new
application form which is in evidence as exhibit D, she gave her first name as
Lydia Mabel and indicated her citizenship as Ghanaian, and Togolese as her
former citizenship. The Ghanaian passport she used for the application is
numbered T430569, issued in Accra, Ghana on 13 January 1994 and valid until 13
January 1999. The defendant was granted the permit but thereafter the couple
were separated. According to the plaintiff the child of the marriage, Juliana,
lived with him. He got to know that the defendant was preparing to travel to
Ghana and two weeks before she traveled; she came for the girl and did not
bring her back. He made a report to the youth welfare office in their area and
obtained an order from the court responsible for their area in which he was
allowed to decide the place of residence for the child; the court further
granted him custody of the child. The translated version of these court orders
are in evidence as exhibits D and E. In exhibit E, the German court on 24 July
1995 gave an interim order granting the plaintiff the right to determine the
place of residence of the child Juliana Fink. In this order the respondent was
ordered to hand over the child to the father. This order was amended,
authorizing the bailiff to take away the child from the respondent, if necessary
by force with the assistance of the police. This became necessary because when
the defendant was served with the court orders, she refused to comply. The
bailiff and police had to come in and took the child from her and gave her to
the father, the pl</main>