EILEEN MARY POSCH ODURO (PETITIONER) vs. MARTIN ODURO (RESPONDENT) [2011]DLHC7487

Date	2011-11-30
Suit No.	SUIT NO. BDMC. 77/2009
Citation No.	[2011]DLHC7487

HIS LORDSHIP THE HONOURABLE MR. JUSTICE KOW AMISSAH-KOOMSON

KWESI FYNN FOR PETITIONER.

MOHAMMED SAHNOON FOR RESPONDENT.

[2011]DLHC7487
																																						<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" >EILEEN MARY POSCH ODURO<o:p></o:p>(PETITIONER)<o:p></o:p>vs.<o:p></o:p>MARTIN ODURO<o:p></o:p>(RESPONDENT)<o:p></o:p><o:p>&nbsp;</o:p>[HIGH
COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT NO. BDMC. 77/2009 &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; &nbsp; DATE: 30TH NOVEMBER, 2011<o:p></o:p>

</div>COUNSEL:<o:p></o:p>KWESI FYNN FOR PETITIONER.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

MOHAMMED
SAHNOON FOR RESPONDENT. <o:p></o:p>

HIS
LORDSHIP THE HONOURABLE MR. JUSTICE KOW AMISSAH-KOOMSON<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;
padding:0cm 0cm 1.0pt 0cm">

</div>The
parties to this Suit married under customary law in 1982. Prior to the said
customary marriage the Petitioner, a Ghanaian having acquired German
nationality had been resident in the Republic of Germany since December, 1979.
On 4-5-91 they converted their union into an Ordinance Marriage. Prior to this
marriage under the Ordinance the parties had co-habited in Hamburg Germany from
May 1982 to 1986. While in Ghana the Respondent maintained a home in the
Petitioner's sister's house at Dansoman from 1986 to about 2002. <o:p></o:p>The
marriage has been blessed with two daughters Melady Shirley Posch Oduro born on
23-12-85 and Pretty Shannel Oduro born on 11-9-91. The elder daughter Melady
now almost 26 years completed her University education in the United Kingdom in
2010 whilst the younger Pretty Shannel now 20 years is in a German University.
The two daughters live with the Petitioner in Germany. <o:p></o:p>Through
their joint efforts the parties built their matrimonial home at the Tantra
Hills in Accra on land acquired by the Petitioner in 1983. It is in this
matrimonial home that the Respondent is supposed to be currently residing. <o:p></o:p>When
Respondent visited Germany between 1982 and 1986, he advised that Petitioner to
get prepared to relocate to Ghana. It would appear the Petitioner initially
embraced this proposal. Accordingly the Respondent came down to Ghana with
Melady in 1986 as a first step towards the family's ultimate relocation to
Ghana. According to the Petitioner while she was preparing to relocate, they
were blessed with their 2nd child Shannel and so Respondent advised she extends
her stay a little longer with the 2nd child and also work to build up their
capital base. In pursuit of this arrangement the parties came to an
understanding whereby the Respondent was to visit the family in Germany every
quarter. Later, the Respondent complained of the expense of travelling to
Germany every quarter and in consequences the arrangement was reviewed to once
in every six months for the Respondent while the Petitioner also visited Ghana
once a year. <o:p></o:p>While
the Respondent was in Germany between 1982 and 1986, he did few odd jobs and
maintained a joint account with the Petitioner. From this joint account the
parties shipped 2nd hand lorry tyres, fridges and fridge motors in 1986 which
Respondent sold to finance the construction of their matrimonial home at Tantra
Hills. Aside of the matrimonial home the parties built five other commercial
properties at Kaneshie, Timber Market, Opera Square, Dansoman and Bubuashie all
in Accra with resources from their joint endeavours but largely by the
petitioner and with income from their joint business enterprises. The details
of these acquisitions will be narrated later in this judgment. <o:p></o:p>According
to the Petitioner, the Respondent told her in and about 1996 that he had a
vision to set up a chain of businesses and needed the capital. Upon the
Respondent's request and a promise to make her a shareholder in a business
known as Mar-boat Ghana Limited operated by the Respondent and his friend and
partner Albert Boateng she took a credit facility of DM220,000 to support the
business. Of this amount DM200,000 was procured from a benefactor in Germany
and the remaining DM20,000 from Petitioner's own resources. The respondent
applied this facility to expand the operations of Mar-boat to include the
importation of galvanized roofing sheets and nails. It was contended by the
Petitioner that after some years of operations the Respondent refunded the
DM220,000 without interest but failed to refund a further DM20,000 (equivalent
to US$13,670.00 which the respondent made her to pay to the benefactor of the
DM200,000 in lieu of dividends. It has to be said for the Respondent that he
claims to have refunded the DM220,000 with interest. According to the
Petitioner, when she subsequently demanded to see the documents on the business
to ascertain her involvement as a shareholder the Respondent refused to show
her the documents. <o:p></o:p>Later
Petitioner upon enquiries discovered that the Respondent and his friend had
conducted the operations of Mar-boat through another Company known as Alka boat
Ghana Limited (hereinafter called Alka boat) and have applied the profits to
acquire several assets including a building at Tesano Christened "Alka
boat House", a hotel at South Odorkor (St. Martin's Hotel) and a
commercial farm at Somanya. Since the remedies being sought by the Petitioner
touches on these businesses, I shall return to them later. <o:p></o:p>According
to the Petitioner, the Respondent after taking the DM220,000 began to show
disinterest in the marriage. That was when he proposed bi-annual visits to
Germany and gave excuses to discourage or postpone her relocation to Ghana. In
the result the parties have according to Petitioner not lived as man and wife
since 1992. The Respondent has admitted to committing adultery with a certain
Vera and h</main>