REVEREND SERVANT JAMES K. BADU OF ASOKORE MAMPONG vs. MARY BOAKYE ALSO OF ASOKORE MAMPONG [2012]DLHC8231

REVEREND SERVANT JAMES K. BADU OF ASOKORE MAMPONG vs. MARY BOAKYE ALSO OF ASOKOR... [2012]DLHC8231

Date	2012-03-12
Suit No.	SUIT/No CS/61/10
Citation No.	[2012]DLHC8231

HIS LORDSHIP JUSTICE JACOB B. BOON

JOHN AKPARIBO FOR THE PETITIONER

S. B. DONKOR FOR THE RESPONDENT

[2012]DLHC8231
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													<main id="main" class="content" style="min-height: 60rem" >REVEREND
SERVANT JAMES K. BADU OF ASOKORE MAMPONG<o:p></o:p>vs.<o:p></o:p>MARY BOAKYE
ALSO OF ASOKORE MAMPONG<o:p></o:p><o:p>&nbsp;</o:p>[HIGH COURT,
KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 0cm 0cm">

SUIT/No CS/61/10&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; &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:
12TH MARCH, 2012<o:p></o:p>

</div>COUNSEL:<o:p></o:p>JOHN
AKPARIBO FOR THE 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">

S.
B. DONKOR FOR THE RESPONDENT <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;
padding:0cm 0cm 1.0pt 0cm">

HIS LORDSHIP JUSTICE JACOB B. BOON<o:p></o:p>

</div>The petitioner is the founder and leader of the African
Faith Ministry International, Kumasi. He got married to the respondent in
Kumasi under Akan custom in 1972. There are three issues of the marriage, two
females and a male. The last born is the male, an adult of about twenty-nine
years old. Clearly, all the three are adults. As husband and wife, the parties
cohabited at Krofrom, then at Tafo Nhyiaeso, and lately at Asokore–Mampong
where they lived for between seven and eight years. The house at Asokore-Mampong
is in serious dispute in this petition. Whereas the petitioner contended it was
solely acquired by him, the respondent claimed otherwise. It is her case that
she assisted the petitioner in his business activities, profits of which were
used to construct it. She&nbsp; therefore
believes she has an equal share in it. That matter would be discussed in full
later in this judgment.<o:p></o:p><o:p>&nbsp;</o:p>Be that as it may, the husband filed a petition in the
Registry of this court on 6/4/10 which was amended on 4/5/11, praying for the
dissolution of their marriage on the ground that the long time marriage had
broken down beyond reconciliation. He also prayed that the respondent be
ordered to move out of the matrimonial home and/or accept a reasonable
accommodation to be provided by him on rental basis. The matrimonial home is
the Asokore-Mampong house, which from the evidence available, is uncompleted
but being occupied now by the respondent, whilst the petitioner lives at the
premises of his church at Anlonga, a suburb of Kumasi. The petitioner is also
prepared to offer a reasonable compensation to the respondent. He described it
as “seeing off money”. On his instructions, counsel for the petitioner, in his
written submissions, indicated he is ready to offer GH¢1,000.00 to the respondent.
In the same way, the petitioner also indicated the rent for the accommodation
to be provided for the respondent should not exceed GH¢500.00 a year for a
period of two years. The petitioner is further willing to give up his interest
in a store located at Roman Hill for the benefit of the respondent and the
children of the marriage. It is to be noted that the store is now possessed and
operated by the respondent and her daughters, and that had been so for the past
nine years. <o:p></o:p><o:p>&nbsp;</o:p>In her cross-petition, the respondent consented to the
dissolution of the marriage. She also prayed for a declaration that the
Asokore-Mampong house is the matrimonial home and having played a role in its
existence she is entitled to an equal share of it. Her other prayer is for an
equal share in another store at Adum, and for the payment of a reasonable sum
of money to her to enable her engage in a trade for her maintenance. Finally
she prayed for section 20(1) and (2) of the Matrimonial Causes Act 1971, Act
367 to be applied in her favour. For avoidance of doubt the said section is in
the following terms:<o:p></o:p><o:p>&nbsp;</o:p>“20. Property settlement <o:p></o:p>(1)<span style="font-style: normal; font-variant-numeric: normal; font-variant-east-asian: normal; font-weight: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: &quot;Times New Roman&quot;;">&nbsp;&nbsp;
The court may order either
party to the marriage to pay to the other party a sum of money or convey to the
other party movable or immovable property as settlement of property rights or
in lieu thereof or as part of financial provision that the court thinks just
and equitable.<o:p></o:p>(2)<span style="font-style: normal; font-variant-numeric: normal; font-variant-east-asian: normal; font-weight: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: &quot;Times New Roman&quot;;">&nbsp;&nbsp;
&nbsp;Payments and conveyances under this section
may be ordered to be&nbsp; made in gross or by
installments”<o:p></o:p><o:p>&nbsp;</o:p>The Court of Appeal in Achiampong v Achiampong
(1982</main>