HILDA SERWA KPO vs. CONSTANT DZIGBORDI ANYOMI [2015]DLHC4064

Date	2015-12-08
Suit No.	SUIT NO. E6/02/2016
Citation No.	[2015]DLHC4064

PATRICK BAAYEH JUSTICE OF THE HIGH COURT

[2015]DLHC4064
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													<main id="main" class="content" style="min-height: 60rem" >HILDA SERWA KPO<o:p></o:p>vs.<o:p></o:p>CONSTANT DZIGBORDI
ANYOMI<o:p></o:p>[HIGH COURT, HO]<o:p></o:p>SUIT
NO. E6/02/2016&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; 8TH DECEMBER, 2015<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<o:p>&nbsp;</o:p>

</div>CORAM:<o:p></o:p>PATRICK
BAAYEH JUSTICE OF THE HIGH COURT <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<o:p>&nbsp;</o:p>

</div>JUDGMENT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>This
is a petitioner for divorce filed by the petitioner, Hilda Serwa Kpo, seeking
dissolution of their marriage contracted on 16th, May 2009. <o:p></o:p><o:p>&nbsp;</o:p>In
her petition the petitioner stated that she and respondent married first under customary
law and later under the marriage Act, (1884) Cap 127 at Global Evangelical
Church, Have in 2009 and have co-habited in Have. The petitioner is a trader
while respondent is a businessman. Petitioner pleaded that the marriage is
blessed with 4 children namely, Wise Anyomi 16years old, Princess Anyo - 12
years old, Princella Anyomi – 12 years old (twin) and Courage Anyomi aged 5
years. <o:p></o:p><o:p>&nbsp;</o:p>Petitioner
claimed that the marriage has broken down beyond reconciliation and gave some particulars
of the breakdown as the respondent's willful neglect of the children and
herself, financially, the respondent openly abuses her in public at the least
provocation, and shows her no respect at all.
That respondent has consistently told her that he is no longer interested in
the marriage because he has got a better woman waiting to marry him. <o:p></o:p><o:p>&nbsp;</o:p>Finally
that several attempts by family members to reconcile their differences have
proved futile. <o:p></o:p><o:p>&nbsp;</o:p>In
his response the respondent did not entirely deny the petitioner's claim but
simply said that whatever is going on in the marriage is as a result of the
behaviour of the petitioner. <o:p></o:p><o:p>&nbsp;</o:p>In
her testimony to the court petitioner said they married under customary law and
later married under the marriage Act. That at the time of their marriage, they
did not know each other very well but soon after the marriage,
respondent starting showing his true colours. He would not give her money for
upkeep of the family, he would not pay the children's school fees or buy their
educational materials. Respondent has about three concubines in his life and
has for some time now not bothered to stay in the matrimonial home. <o:p></o:p><o:p>&nbsp;</o:p>Petitioner
gave the names of Respondents concubines as Florence who lives at Kpeve, Dzifa
who lives at Sagyikope near Kpando and the 3rd one at Logba whom she said she
does not know her name. On some occasions these concubines sent gifts or
parcels to respondent at home. Some which she intercepted but respondent always
denied having anything to do with these women. <o:p></o:p><o:p>&nbsp;</o:p>Petitioner
told the court that she does not sleep in the same room with respondent and
that it has been over two year since they had sex. <o:p></o:p><o:p>&nbsp;</o:p>