BENJAMIN AHENKORAH vs. AKOLGO G. LARDI [2018]DLHC8169

Date	2018-05-16
Suit No.	SUIT NO. C5/06/2016
Citation No.	[2018]DLHC8169

HIS LORDSHIP JUSTICE JACOB B. BOON

STEPHEN AZANTILLOW FOR THE PETITIONER

ISSAH MAHMUDU FOR THE RESPONDENT

[2018]DLHC8169
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													<main id="main" class="content" style="min-height: 60rem" >BENJAMIN AHENKORAH<o:p></o:p>vs.<o:p></o:p>AKOLGO G. LARDI<o:p></o:p>[HIGH COURT,
BOLGATANGA]<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. C5/06/2016 &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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE:
16TH MAY, 2018<o:p></o:p>

</div>COUNSEL:<o:p></o:p>STEPHEN
AZANTILLOW 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">

ISSAH
MAHMUDU 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;
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HIS LORDSHIP JUSTICE JACOB B. BOON<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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<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>The
parties are husband and wife respectively. They got married in 2013 under Frafra
customary law and later in the same year, on 24th August, converted
it into an ordinance marriage under the Marriages Act, Cap 127. The petitioner,
the husband, is a Laboratory Technician with Bongo District Hospital, whilst
the respondent is a National Service Personnel at Baptist Junior High School in
Bolgatanga.&nbsp; After their marriage they
cohabited in Bolgatanga and have one female child said to be three years old at
the time the petition was filed on 8th June, 2016, implying she is
almost five years old now.<o:p></o:p>It
is the case of the petitioner that the respondent has put up such unreasonable
behaviour as a wife that the marriage has broken down beyond reconciliation and
they can no longer live together as a married couple.&nbsp; The petitioner’s case is more particularly
explained in paragraph 9 to 22 of the petition and for clarity, I hereby
hereunder reproduce the relevant portion:<o:p></o:p>“9. That the Respondent has
consistently denied the Petitioner sexual intercourse and this is impacting
negatively on the health of the Petitioner and the Petitioner cannot be
expected to live with the Respondent.<o:p></o:p>10.&nbsp; That since the marriage, the Respondent has
been feigning pains at the least moment of sexual intercourse with the
Petitioner and this has led to constant quarrels between them resulting in
sexual dissatisfaction to the petitioner.<o:p></o:p>11.&nbsp; That the attempts by gynaecologist and
psychologists to treat and counsel the Respondent to change her ways have
proven unsuccessful.<o:p></o:p>12.&nbsp; That instead of satisfying the Petitioner,
the Respondent has been boasting of having intimate relations with other men
whom she claims she can comfortably engage in sexual intercourse with.<o:p></o:p>13.&nbsp; That the Petitioner on the other hand, being
a Deacon in the church, does not want to engage in any illicit sex or commit
adultery.<o:p></o:p>14.&nbsp; That the parties got married on the
understanding that they would always commit their problems to God together in
prayer but the respondent has consistently refused to pray with the Petitioner
and has even stopped doing so leading the Petitioner to doubt her religious
commitment.<o:p></o:p>15.&nbsp; That the respondent has also been refusing to
perform her matrimonial chores expected of a wife as she would not cook, clean
the house or wash any clothing.&nbsp; This has
led the Petitioner to always buy food from outside and perform other household
chores.<o:p></o:p>16.&nbsp; That the Respondent has refused to work despite
the advice of the Petitioner.<o:p></o:p>17.&nbsp; That the Respondent has been threatening the
Petitioner that she would kill the latter as she is fed up with the marriage
and therefore wants her freedom to remarry someone of her choice and better than
the Petitioner.<o:p></o:p>18. That the respondent has
been verbally assaulting the Petitioner in unprintable language and this has
turned the matrimonial home into a nightmare for the Petitioner.<o:p></o:p>19. That this conduct on the
part of respondent has caused the Petitioner tremendous pain, psychological
trauma and anguish.<o:p></o:p>20.&nbsp; That the parties have not lived together for
the past two and half years having irreconcilable differences.<o:p></o:p>21. That the petitioner and
the respondent have been having irreconcilable differences.<o:p></o:p>22.&nb</main>