SAMUEL ANINKORAH vs. BEATRICE YAA ANINKORAH [2002]DLCA6954

Date	2002-07-25
Suit No.	CIVIL APPEAL NO. NO. 64/2001
Citation No.	[2002]DLCA6954

ESSIFIE-BONDZIE JA (PRESIDING)

FARKYE JA

OWUSU-ANSAH JA

[2002]DLCA6954
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													<main id="main" class="content" style="min-height: 60rem" >SAMUEL ANINKORAH<o:p></o:p>(PETITIONER/RESPONDENT)<o:p></o:p>vs.<o:p></o:p>BEATRICE YAA ANINKORAH<o:p></o:p>(RESPONDENT/APPELLANT)<o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CIVIL APPEAL NO.&nbsp;
NO. 64/2001&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; &nbsp; DATE:
25TH JULY, 2002<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;
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ESSIFIE-BONDZIE JA (PRESIDING), FARKYE JA,
OWUSU-ANSAH JA<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>OWUSU-ANSAH,
JA:<o:p></o:p>&nbsp;The parties got married customarily in 1969.
The marriage was converted into monogamous marriage under the marriage
Ordinance on the 17th September 1982 – at the Church of Pentecost Temple,
Labadi, Accra-Ghana.<o:p></o:p>&nbsp;The parties lived in Accra with the six (6)
children of the marriage.<o:p></o:p>&nbsp;Since 1983 the husband Petitioner, a staff of
the Ghana Army, has been living and working in Israel; as Food and Beverage
Manager of the United Nations (NIFIL) in Israel; where the wife (Respondent)
and children later joined him. The children were subsequently transferred to
London with the Respondent for their education. The respondent since 1995 has
been living in Ghana.<o:p></o:p>&nbsp;In or about 1993 the parties started having
problems with their marriage. During the marriage, the matrimonial home, H/No.
B 94/31 Kwashieman, Accra was acquired. Later another plot was acquired near
the matrimonial home for a hospitality project. According to the Petitioner, he
also acquired a two-bed room house also in Tema.<o:p></o:p>&nbsp;In 1996 however whilst the monogamous marriage
with the Respondent was still subsisting the Petitioner married one Catherine
Johnson, and registered the said marriage at the office of the Accra
Metropolitan Assembly. At the instance of the Respondent the High Court, Accra
on the 27 April, 1998, declared the said marriage null and void in Suit No. F.
1673/96. <o:p></o:p>In
1998, the Petitioner attempted to throw the Respondent onto the Street from the
said matrimonial home H/No. B 94/31 Kwashieman, Accra.<o:p></o:p>&nbsp;In a suit filed by the Respondent in the high
Court, Accra, Suit No. MC 50/98, an Injunction order was granted restraining
the Petitioner from so doing. <o:p></o:p>On
the 12-6-98, the Petitioner filed a petition for divorce in the Circuit Court,
Accra. On the application of the Respondent/Appellant the petition was
transferred to the High /Court, Accra, for trial.<o:p></o:p>&nbsp;Earlier the Circuit Court had awarded
¢300,000.00 as monthly maintenance allowance to the Respondent. The Petitioner
apparently paid for only three (3) months and he stopped any further payments.<o:p></o:p>&nbsp;The High Court, Accra refused to enforce the
Summons to show cause in respect of the arrears totalling ¢6.3 million and it
has not been paid to date. <o:p></o:p>The
wife Respondent, with leave of the High Court, cross-petitioned for divorce on
the grounds of adultery, desertion, cruelty and unreasonable behaviour on the
part of the Husband Petitioner.<o:p></o:p>&nbsp;The Respondent also asked for ancillary
reliefs, settlement of H/No. B 94/31, Kwashieman, Accra, where she had been
living over the years, and a lump sum of ¢80 million. <o:p></o:p>On
the 24th November, 2000 the High Court presided over by her Lordship Ms. Agnes
Dordzie dissolved the marriage, and adjourned proceedings to take evidence on
the ancillary reliefs and the Respondent's cross-Petition. <o:p></o:p>The
Court on the 31st July, 2001 gave judgment and dismissed respondents
cross-Petition. In its place the Judge ordered that the Petitioner conveys “a
Tema house to the Respondent and pay her ¢40 million cedis as a financial
settlement.”<o:p></o:p>&nbsp;The Respondent being aggrieved or dissatisfied
with the judgment dismissing her cross-petition filed the instant appeal on 3rd
August, 2001. <o:p></o:p>The
grounds of appeal include the following:— <o:p></o:p>1.
The judgment is against the weight of evidence. <o:p></o:p>2.
The learned trial judge did not give sufficient consideration to respondent’s
case. <o:p></o:p>3.
The Learned Trial Judge erred when she held that the only means by which a wife
could acquire interest in property acquired by the husband is either by
agreement, or direct or indirect substantial contribution(s). <o:p></o:p>4.
The learned trial judge failed to exercise her discretion fairly and equitably
when she ordered the respondent, who has lived the greater part of her life in
Accra, to leave the matrimonial home she claims to be settled on her, to
another house in Tema, where she does not even know nor h</main>