BENJAMIN KWETIA OTOO vs. PRUDENCE ZENABU NELSON [2016]DLCA4495

Date	2016-05-12
Suit No.	CIVIL APPEAL SUIT NO: H1/13/13
Citation No.	[2016]DLCA4495

GYAESAYOR JA (PRESIDING)

KORBIEH JA

DZAMEFE JA

MR. J. AYIKOI OTOO FOR APPELLANT

MR. NATHANIEL MYERS FOR RESPONDENT

[2016]DLCA4495
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													<main id="main" class="content" style="min-height: 60rem" >BENJAMIN
KWETIA OTOO&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>(APPELLANT)<o:p></o:p>vs.<o:p></o:p>PRUDENCE
ZENABU NELSON <o:p></o:p>(RESPONDENT)<o:p></o:p><o:p>&nbsp;</o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CIVIL
APPEAL SUIT NO:&nbsp; H1/13/13&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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 MAY, 2016<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>MR.
J. AYIKOI OTOO FOR APPELLANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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MR.
NATHANIEL MYERS FOR 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;
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GYAESAYOR
JA (PRESIDING), KORBIEH JA, DZAMEFE JA<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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JUDGMENT<o:p></o:p>

</div>GYAESAYOR,
JA<o:p></o:p>This is an appeal
against the decision of the Circuit Court Accra dated 4th February
2011.<o:p></o:p><o:p>&nbsp;</o:p>In that judgment
the learned Circuit judge made consequential orders upon the formal dissolution
of the customary marriage contracted between the parties in or around 1986/87.
The parties were blessed with three children.<o:p></o:p>In her petition for
divorce the petitioner averred that the marriage had broken down beyond
reconciliation and that respondent/appellant had brought another woman into the
matrimonial home with the intention of marrying her.<o:p></o:p><o:p>&nbsp;</o:p>According to the
petitioner, the customary marriage took place in the United Kingdom where she
lives with the children of the marriage and paid visits to Ghana.&nbsp; After sometime the appellant herein who is a
contractor decided to relocate to Ghana. She averred in her petition that the
house which was being used as the matrimonial house was built with the credit
card of appellant but she the petitioner was responsible for paying the monthly
bills on the card. According to her, anytime she visited Ghana she lived in the
house numbered 107 Sampa Valley Accra and that is the house she considered as
the matrimonial home.<o:p></o:p><o:p>&nbsp;</o:p>The
respondent/appellant in answer to the petition denied the assertions made
against him by his spouse.&nbsp; Further, he
said education is free in the UK and that he shops for the children whenever he
visits the UK.&nbsp; He maintained that each
child received a weekly allowance of £10.15 from the British government and this
petitioner failed to account for.&nbsp; Regarding
the building, he said, he built it on his own with proceeds from his work as a
contractor and that he used the credit card for only three years totaling
£1,500 but this was not used to build the house.<o:p></o:p><o:p>&nbsp;</o:p>In all, he
maintained that the wife who was irresponsible spent her time in organizing
parties and the result is that he was compelled to seek love and affection from
another woman.&nbsp; He denied refusing to look
after his family and that he did so as his means could support. He admitted in
paragraph 21 of his answer that the marriage had broken down beyond
reconciliation and cannot be expected to live with the petitioner.<o:p></o:p><o:p>&nbsp;</o:p>He proceeded to
give particulars of a purported adultery committed by the petitioner and that
he later got to know that she was called Mrs. Burke. He also averred that he
saw dresses and personal effects of another man in petitioner’s bedroom and
this is conclusive evidence that the petitioner has been co-habiting with other
men ad having adulterous relationship with them. He therefore shifted blame of
the collapse of the marriage unto the petitioner.<o:p></o:p><o:p>&nbsp;</o:p>After taking
evidence from the parties and witnesses the trial judge decreed that the
parties were entitled to equal shares in the properties acquired during the
marriage in compliance with Article 22 of the 1992 Constitution and decided
cases of the Supreme Court of the land.<o:p></o:p><o:p>&nbsp;</o:p>