AKUA ADUBOFUOR v. NANA OSEI BONSU & MRS. MARGARET OSEI BONSU
2017
COURT OF APPEAL
GHANA
CORAM
- ADUAMA OSEI J.A. (PRESIDING)
- MARGARET WELBOURNE J.A.
- HENRY KWOFIE J.A
Areas of Law
- Civil Procedure
- Family Law
2017
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The 2nd Respondent appealed against the High Court's decision to dismiss her application to strike out a suit involving a divorce petition and property dispute between the petitioner and 1st Respondent. The appellate court examined claims of a subsisting Ordinance Marriage which barred a subsequent customary marriage, and the validity of the petitioner's requests for property settlement. The court determined that the trial judge acted appropriately in proceeding with the trial and maintaining jurisdiction over the matter. The appeal was dismissed, affirming that the issues raised at the High Court level warranted judicial consideration.
HENRY KWOFIE J.A.
The 2nd Respondent/appellant (hereinafter referred to as the appellant) being dissatisfied with the ruling of the High Court, Accra (General Jurisdiction) dated the 19th January 2017 lodged an appeal against the ruling. The notice of appeal was dated the 24th of January 2017. The grounds of appeal set out in the Notice of Appeal were:
(i) The trial judge’s persistence to proceed with the trial of a matrimonial suit with is founded on an alleged customary marriage between the petitioner and the 1st Respondent notwithstanding the undisputed evidence of a prior subsisting Ordinance Marriage between the 1st and 2nd Respondents is not warranted by any law or rule of practice.
(ii) The High Court did not adequately consider the appellant’s case.
(iii) The ruling was against the weight of evidence adduced at the trial and
(iv) Other grounds may be filed upon receipt of the Ruling.
It is noted for the record that no additional grounds of appeal were
filed. The relief sought from the Court of Appeal is that the said
Ruling of the High Court dated 19th January 2017 be set aside and the petition be dismissed on the basis that it does not disclose a reasonable cause of action.
The brief facts of the case that has culminated in this appeal are that the petitioner/Respondent (hereinafter referred to as the petitioner) filed a divorce petition Suit No. BDMC 209/2015 at the High Court (General Jurisdiction Division) Accra on 19th February 2015 against Nana Osei Bonsu (hereinafter referred to as the 1st Respondent) claiming against him the following reliefs:
a) An order that the marriage between the petitioner and the Respondent celebrated on 3rd December 2000 be dissolved.
b) The Respondent be ordered to pay to the petitioner an amount of One Thousand Ghana Cedis (GH¢1000) per month being maintenance for the petitioner pending the final dissolution of the marriage.
c) An order for the Respondent to settle on the petitioner a lump sum of One Million Ghana Cedis (GH¢1,000,000).
d) A declaration that the petitioner is a joint owner of the two (2) bedroom property particularly described as House No. 17, Osu
Badu Street, Dzorwulu, Accra.
e) A settlement of the said two (2) bedroom property particularly described as H/No.17, Osu Badu Street, Dzorwulu, Accra on the petitioner
f) A settlement of the Toyota Camry with registration No. GW 5382 X on the petitioner by the Respondent.
g) An order that the Respondent bears the petitioner’s cost of lit