ANTHONY VICTOR OBENG v. MRS THERESA HENRIETTA OBENG
2015
SUPREME COURT
GHANA
CORAM
- ATUGUBA JSC PRESIDING
- DOTSE JSC
- YEBOAH JSC
- BENIN JSC
- AKAMBA JSC
Areas of Law
- Family Law
2015
SUPREME COURT
GHANA
CORAM
AI Generated Summary
This case involves a financial settlement dispute following the dissolution of a marriage. The appellant contested the High Court and Court of Appeal's awards to the respondent, arguing that the lump sum of US$80,000 was excessive and constituted a miscarriage of justice. The Supreme Court reviewed the material factors and circumstances, reducing the amount to US$70,000 or its cedi equivalent while affirming the other orders. The court reinforced that financial settlements must consider both spouses' circumstances, applying principles of fairness and equity.
AKAMBA, JSC:
This appeal by Anthony Victor Obeng, (herein after simply referred to as the appellant) raises for our decision whether or not the Court of Appeal which affirmed the decision of the trial High Court, adequately considered the material factors required by law in the latter’s award of a lump sum of $80,000 or its cedi equivalent in favour of Mrs Theresa Henrietta Obeng, (herein after simply referred to as the respondent.)
The appellant and respondent got married on 27th July 1996 in East Lancing, Michigan, in the United States of America. At that time the respondent lived and worked in Michigan in the United States. After the marriage they lived apart until 1998 when the respondent moved from Michigan to join the appellant in Addis Ababa, Ethiopia, where the latter lived and worked with the United Nations (UN). There is no child of the marriage even though each of the parties has three (3) children from their previous marriages. The marriage broke down beyond reconciliation in 1999, wherefore the appellant as petitioner filed his petition at the High Court Accra on 29th December 1999. By his amended petition filed on 15th July 2003, the appellant sought the following reliefs:
“(a) The dissolution of the marriage between the Petitioner and Respondent, and (b) Property settlement in respect of Respondent’s house situate at Achimota, Accra.”
In her amended response to the petition filed on 22nd April 2002, the respondent also cross petitioned for the following reliefs:
“i. Dismissal of the Petition of the Petitioner.
ii. Dissolution of marriage between Petitioner and Respondent on account of Petitioner’s callous and cruel misuse of the Respondent.
iii. Petitioner be condemned to pay damages and maintenance to the Respondent including the cost of resettling her in the United States of America and maintenance pending the final determination of the present suit.
iv. That the petitioner be condemned to pay the cost of this suit including the legal costs of the respondent.
v. Any further reliefs as may be just.”
After a trial which lasted about two years in which neither party called any witness, the High Court on 21st April 2004 entered judgment in favour of the respondent and dissolving the marriage between the parties. It also ordered the Appellant:
To pay for a one way ticket from Accra to the United States of America for the respondent.
Pay a lump sum of US$80,000.00 to respondent as financial settlement. This may be made in 5 installme