ABU-JAUDEH v. ABU-JAUDEH

Kingsley-Nyinah J.A. adjudicated a preliminary jurisdictional dispute in a matrimonial case between Raymond Abou-Jaudeh, a Lebanese businessman resident in Ghana, and his wife, married in Kumasi in 1954. Raymond sought dissolution on grounds of adultery and cruelty, but the wife challenged the court’s jurisdiction, asserting he remained domiciled in Lebanon. Following Anterkyi J.’s earlier order for a trial of the domicile issue with oral evidence, the court examined whether Raymond’s long residence in Ghana amounted to a domicile of choice requiring both residence and a settled intention to remain indefinitely. Evidence showed his retention of a Lebanese passport, arranging for their children to live and be educated in Lebanon, changing the wife’s passport to Lebanese, and lack of convincing proof of Ghanaian citizenship application. Applying authorities including Le Mesurier, Udny, Bell v. Kennedy, Halsbury’s, and M’Lelland, the court held that residence alone is insufficient without animus manendi. Concluding no Ghanaian domicile, the court dismissed the petition for want of jurisdiction, entered judgment for the wife, and made no order as to costs.