BEAUTY KATEY vs. WILLIAM KWADWO KATEY [2016]DLCA8008

Date	2016-07-14
Suit No.	SUIT NO.: H1/176/2015
Citation No.	[2016]DLCA8008

F. KUSI-APPIAH J.A. (PRESIDING)

K. A. ACQUAYE J.A.

S. DZAMEFE J.A.

MIRACLE ATTACHEY FOR THE DEFENDANT/ APPELLANT

ALEX ABBAN FOR THE PETITIONER/ RESPONDENT

[2016]DLCA8008
																																						<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" >BEAUTY KATEY<o:p></o:p>(RESPONDENT/
APPELLANT)<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;line-height:150%;font-family:&quot;Book Antiqua&quot;,serif;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p>WILLIAM KWADWO
KATEY<o:p></o:p>(DEFENDANT/ PETITIONER)<o:p></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;
padding:0cm 0cm 1.0pt 0cm">

SUIT NO.:&nbsp;
H1/176/2015&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 14TH &nbsp;JULY, 2016<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MIRACLE ATTACHEY FOR THE DEFENDANT/ APPELLANT <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">

ALEX ABBAN FOR THE
PETITIONER/ 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">

F.
KUSI-APPIAH J.A. (PRESIDING), K. A. ACQUAYE J.A., S. DZAMEFE J.A.<o:p></o:p>

</div>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <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">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>ACQUAYE,
J. A.<o:p></o:p>This
appeal is in respect of the distribution of properties acquired during the
subsistence of the marriage between the parties upon its dissolution by a High
Court in Accra.<o:p></o:p>The
petitioner, a geodetic engineer, filed a petition for divorce against the
respondent, a beautician in March 2011.&nbsp;
The ordinance marriage celebrated on 18th August 1997 was
blessed with three children born in April 2000, June 2002 and June 2007.&nbsp; In his amended petition, the petitioner
accused the respondent of having deserted the matrimonial home claiming she had
found a better and bigger penis which she was enjoying.&nbsp; The petitioner also accused the respondent of
drunkenness, insulting the petitioner in public, instituting criminal and civil
suits against the petitioner in District and Juvenile Courts, the latter of
which granted custody of the two older children to the petitioner.&nbsp; According to the petitioner the respondent
has caused him much anxiety, distress and embarrassment and that the marriage
has broken down beyond reconciliation.&nbsp;
Despite having given the respondent a lot of financial resources to
enable her establish her own businesses including a gold business, the
respondent operated a secret bank account into which her pastor with whom she
had an amorous relationship paid in monies for her benefit.&nbsp; The petitioner averred that he had invested a
lot of money in the respondent and that she is not entitled to any financial
provision nor alimony.&nbsp; The petitioner
therefore prayed for a dissolution of the marriage, an order giving custody of
the issues of the marriage to the petitioner and the payment of his legal fees.<o:p></o:p>In her
answer the respondent denied the petitioners allegations and averred that it is
rather the petitioner who engages in amorous relationships with other women and
when she complains, he verbally and physically assaults her.&nbsp; The respondent averred that the petitioner
comes home drunk smelling of cigarettes and women’s perfume.&nbsp; He infected her with some strange itching and
rashes as a result of which she was forced to move into their guest room.&nbsp; The respondent stated that it is the
petitioner’s drunkenness and amorous lifestyle which made him stop going to
church.&nbsp; The respondent averred that the
petitioner insults her as a prostitute and an illiterate and that it was when
the petitioner took their children to his mother that she reported the matter
to FIDA who got the petitioner to return the children to the respondent.&nbsp; The respondent stated that in January 2011
the petitioner assaulted her, destroyed her mobile phone, threatened to kill
her and drove her away from the matrimonial home as a result of which she was
forced to seek refuge with her pastor and his wife.&nbsp; She admitted reporting the matter to DOVVSU
leading to the petitioner being charged for court but the matter was settled by
the ADR.&nbsp; She also admitted suing the
petitioner at the Family Tribunal for custody of the children and
maintenance.&nbsp; The respondent denied any
amorous relationship with her pastor or Oscar whom she said was a family friend
who offered her a lift when the petitioner seized her car.&nbsp; The respondent averred that it was the
petitioner and his mother who have always resisted attempts by her family to settle
and resolve their differences.&nbsp; The
respondent pleaded that she once gave the petitioner Gh¢600.00 to settle his
debt and that she contributed towards the acquisition of the assets and
properties situated at Tse Addo behind the Trade Fair as well as acquiring four
vehicles.&nbsp; The respondent therefore cross
petitioned the court for:-<o:p></o:p>a)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
An
order for custody of the children of the marriage.<o:p></o:p>b)