DR. OWUSU AFRIYIE AKOTO (PETITIONER) vs. ADWOA ABREFA AKOTO (RESPONDENT) [2011]DLHC7394

Date	2011-06-15
Suit No.	SUIT NO. DMC 1439/97
Citation No.	[2011]DLHC7394

HIS LORDSHIP ALEX OWUSU OFORI J.

[2011]DLHC7394
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													<main id="main" class="content" style="min-height: 60rem" >DR. OWUSU AFRIYIE AKOTO<o:p></o:p>(PETITIONER)<o:p></o:p>vs.<o:p></o:p>ADWOA ABREFA AKOTO<o:p></o:p>(RESPONDENT)<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</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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HIS LORDSHIP ALEX OWUSU OFORI, J. <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>The Petitioner
/Judgement/Debtor caused a petition to be filed at the court's Registry for
divorce against the Respondent on the 29-8-97. <o:p></o:p>The Court presided over by
my senior brother Abada J. granted the petition for divorce and on 13th July
2004 delivered judgement in favour of the Respondent for the ancillary reliefs
sought for thus £150.000 as alimony Settlement and GH¢8,000.00 as Cost. <o:p></o:p>The Petitioner being
dissatisfied with the decision of the High Court went to the Court of Appeal. <o:p></o:p>At the Court of Appeal it
upheld the decision of the High Court but varied the alimony and Cost to be
paid to £75,000.00 and GH¢5,000.00. <o:p></o:p>The Court of appeal
further awarded cost of GH¢2000.00 against the petitioner. <o:p></o:p>The petitioner still
dissatisfied with the judgement of the Court of appeal file an appeal against
the Court of Appeal decision to the Supreme Court. <o:p></o:p>The Supreme Court on the
23rd February 2011, dismiss the appeal and gave judgement in favour of the
Respondent thereby affirming the Court of appeal decision. <o:p></o:p>It was after the
Petitioner/Judgement/Debtor has traveled all the length that he has come back
to the trial court with an application to pay the judgement debt by instalment
Under Order 41 r 8 of the High Court Civil Procedure rules 2004 CI 47. <o:p></o:p>His application is
premised on the fact that a computation of £75,000.00 when converted into Ghana
cedis at the Current Bank rate together with special damages and cost awarded
at the Supreme Court amounts to GH¢197,362.00. <o:p></o:p>That currently his only
source of income is salary and allowances he obtain as a member of Parliament
and therefore not in the position to pay all the judgement debt at once. <o:p></o:p>And to demonstrate his
willingness to obey the order of the Court and to also show utmost good faith
in paying the judgement debt he has forwarded to the solicitors of the
judgement creditor a bankers draft for the sum of GH¢40.000.00 and propose to
pay GH¢20,000.00 every quarter beginning from June 20th till the debt is
liquidated. <o:p></o:p>As expected the Respondent
vehemently opposed the application as per her affidavit filed in opposition. <o:p></o:p>Respondent Contended that
whilst they acknowledge receipt of the initial GH¢40.000.00 it must be pointed
out that the terms of payment proposed on the sum stated by the applicant as
the judgement debt which they vehemently deny as to the accuracy and quantum,
the rate of payment proposed by applicant can only be effected and completed
well beyond the year 2018 inclusive of interest on the amount estimated by the
applicant which they are denying. <o:p></o:p>They further contended per
their affidavit that by reference to the Entry of judgement filed applicant has
lot of asset in the distribution of the matrimonial property which can be
ordered and sold by the court upon valuation or a portion could be set off
against the judgement debt on valuation. <o:p></o:p>The Honourable Court
according to their submission should consider the interest of the Respondent
for the past years that the case has to travel to the Supreme Court and for the
additional years that the equities in the suit to may still be outstanding
unresolved. <o:p></o:p>By Order 41 r 8 (1) of C.I
47 where any judgement or order directs the payment of money, the court may for
any sufficient reason, order that the amount shall be paid by instalments with
or without interest and the order may be made at the time of giving the
judgement, or at anytime afterward by the same or any other Judge and may be rescinded
upon specific Cause shown at any time. <o:p></o:p>The Court in granting or
refusing such application are always informed by sufficient reasons adduced by
the applicant making the request and his means of paying same. <o:p></o:p>Apart from the applicant
alleging that his only source of income is salary and allowances he obtain as a
member of Parliament, which the Respondent is disputing that he has a lot of
assets the Petitioner/applicant never made a single appearance before the
application was moved to enable the Court ascertain his means of paying the
money. <o:p></o:p>

Sufficient Reason in my
view has not been ass</main>