BEAUTY KATEY v. WILLIAM KWADWO KATEY
2016
COURT OF APPEAL
GHANA
CORAM
- F. KUSI-APPIAH, J.A. (PRESIDING)
- K. A. ACQUAYE, J.A.
- S. DZAMEFE, J.A
Areas of Law
- Family Law
- Property and Real Estate Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case revolves around the divorce and division of marital properties between a petitioner (geodetic engineer) and a respondent (beautician). The High Court initially awarded custody of the children to the petitioner and dismissed the respondent's claims for joint ownership of properties. The respondent appealed, leading to a reevaluation of the financial settlement. The Court of Appeal upheld the High Court's decision on custody but increased the financial award from Gh¢10,000.00 to Gh¢50,000.00, emphasizing the 'equality is equity' principle over the 'substantial contribution' principle.
ACQUAYE, J. A.
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.
The petitioner, a geodetic engineer, filed a petition for divorce against the respondent, a beautician in March 2011. The ordinance marriage celebrated on 18th August 1997 was blessed with three children born in April 2000, June 2002 and June 2007. 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. 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. According to the petitioner the respondent has caused him much anxiety, distress and embarrassment and that the marriage has broken down beyond reconciliation. 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. 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. 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.
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. The respondent averred that the petitioner comes home drunk smelling of cigarettes and women’s perfume. He infected her with some strange itching and rashes as a result of which she was forced to move into their guest room. The respondent stated that it is the petitioner’s drunkenness and amorous lifestyle which made him stop going to church. 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. The respondent stated