ELIZABETH OKORO (PETITIONER) vs. KOFI DANSO (RESPONDENT) [2011]DLHC7495

Date	2011-04-18
Suit No.	SUIT NO. BDMC 89/2011
Citation No.	[2011]DLHC7495

HIS LORDSHIP ALEX OWUSU-OFORI J

[2011]DLHC7495
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													<main id="main" class="content" style="min-height: 60rem" >ELIZABETH OKORO<o:p></o:p>(PETITIONER)<o:p></o:p>vs.<o:p></o:p>KOFI DANSO<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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SUIT
NO. BDMC 89/2011&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; &nbsp; DATE: 18TH
APRIL, 2011<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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HIS
LORDSHIP ALEX OWUSU-OFORI, J. PRESIDING AS THE HIGH COURT JUDGE<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>A
young lady of Nigeria descent Elizabeth Okoro (herein after referred to as the
Petitioner), full with love and passion at the Accra Metropolitan Assembly on
the 5th day of June, 2010 at exactly 1.37 p.m. got married to one Kofi Danso
(the Respondent) who the Court did not have the chance of seeing because he is
resident outside the jurisdiction and when the petition was served on him did
not enter appearance either by himself or through an attorney. <o:p></o:p>The
Petitioner on the 30/12/10 thus 6 months into her marriage commenced divorce
proceedings in this Court by way of a petition asking the Court for the
following reliefs <o:p></o:p>i)
An order dissolving the said marriage <o:p></o:p>ii)
An order compelling the Respondent to refund an amount of US$5000.00 with
interest. <o:p></o:p>iii)
An order that each party should bear his or her own cost. <o:p></o:p>After
all processes have been served on the Respondent outside the jurisdiction as
per the rules of Court and he ignoring or failing to respond to the petition
the Court proceeded to hear the Petitioner on her evidence. <o:p></o:p>I
must say that it was a matter of procedure that Petitioner was even called to
state her case for looking at Exhibit “B” and “C” which was tendered in
evidence being E-mail correspondence that went on between the parties, it was a
marriage which was a nonstarter, beset with problems from the very onset and
which appeared to the Court like the Respondent walking out of it after getting
what he wanted after traveling out of the jurisdiction to live in U.K. <o:p></o:p>Exhibit
“C” being one of the correspondence sent from the Respondent to the Petitioner
on Thursday 10/7/10 just one month after the marriage was self explanatory and
attest to this fact <o:p></o:p>The
content reads <o:p></o:p>“I really don't see the need
to be in this marriage any longer and will really want us to start divorce
proceedings. <o:p></o:p>If I don't hear from you I
will instruct my Solicitor to provide you with the divorce documentation. We
are really not meant for each other and this is all a big mistake.” <o:p></o:p>This
made the Court asked whether it was not one big joke or to put it in the best
perspective “a marriage of convenience” to facilitate the documentation of a
partner traveling out side the jurisdiction for which the Petitioner answered
emphatically no. <o:p></o:p>Petitioner
in her brief testimony told the Court, that they got married on the 5/6/10 and
cohabited in Tema. <o:p></o:p>That
immediately after their marriage on the 25/6/10 the Respondent departed from
Accra to U.K. supposedly on a business and social visit. <o:p></o:p>As a
first step to walk out of the marriage the Respondent asked her to leave the
matrimonial home where they were cohabiting to go and stay with her parents and
rented out the place to a tenant for 2 years and caused his vehicle to be sold.
<o:p></o:p>Petitioner
further told the Court that by e-mail message which the Court earlier quoted
verbatim, Respondent requested for a separation and made it clear to her that
he had no intention of returning to Ghana soon and subsequently, describe their
marriage as a big mistake. <o:p></o:p>He
subsequently requested her to initiate divorce proceedings and inform her that
he had appointed one Lawyer Andrews Mercer to receive all the Court Processes <o:p></o:p>That
there were several pleas by her to the Respondent to reconsider his intention
to have the marriage dissolved and to remain true to his marital vow, but
Respondent remain adamant. <o:p></o:p>It
was later that she got to know that Respondent was already married to a woman
resident in U.K. with whom he had a child with and had resumed cohabitation
with her. <o:p></o:p>Concluding
her evidence the Petitioner told the Court that the respondent is indebted to
her an amount of US$5000, that she borrowed the money from a benefactor and
lent it to the Respondent to augment his business. <o:p></o:p>It was
her prayer that with all intent and purpose the marriage has broken down beyond
reconciliation as all efforts to got them reconciled has fallen into deaf ears.
The Court should therefore dissolve their marriage and order the Respondent to
pay her the amount he borrowed from</main>