CATHERINE PANYIN QUAYSON VS CATHERINE PANYIN QUAYSON
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MRS MERLEY WOOD (J)
Areas of Law
- Family Law
- Property and Real Estate Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a petition for divorce and property settlement between a married couple. The court found that their marriage had broken down beyond reconciliation and decreed its dissolution. The main issues revolved around the division of properties acquired during the marriage and financial provision. The court ordered the Tema property to be shared equally, awarded the undeveloped Adjiringanor land to the Petitioner, and ordered the Respondent to pay £5,000 as financial provision. The judgment emphasizes the principle that contribution to property acquisition is not essential for entitlement to marital property settlement, as long as the property was acquired during the marriage. The court considered various factors in making its decision, including the parties' circumstances, conduct, and financial situations.
Per her amended petition, the wife petitioner prays for the following reliefs: a. Dissolution of marriage celebrated between the parties.
b. An order for cancellation of the marriage certificate issued to the parties on the 22nd January 1994 per certificate licence no. AMA3449/93 and 3/94. c. An order for declaration that house number 5, GCB Estate Community 3, Tema is jointly owned by both the Petitioner and the Respondent.
d. Any other reliefs as this court may deem fit to make, e. An order that the following properties be settled in favour of the Petitioner; i. House number 5 GCB Estate, Community 3, Tema to the Petitioner herein.
All that piece or parcel of land situate at East Legon, Adjiringanor near Ghana Cana Hospital, Accra in the Greater Accra Region of the Republic of Ghana.
f. An order for recovery of all proceeds derived from the sale, lease and rental of the said properties from the time of sale, lease or rental to the date of judgment plus interest at the current bank of Ghana rate.
g. An order directed at the respondent to the petitioner a lump sum of fifty thousand pounds sterling (£50, 000. 00)as settlement for divorce.
The Respondent on the other hand prays for the following: 1. The marriage be dissolved.
2. Custody of the children be given to the Petitioner with access to the Respondent.
The Petitioner’s evidence on oath is that after the conversion of the customary marriage of 3rd August 1991 into an ordinance marriage on 22nd January 1994, they lived in rented premises for five years before moving to their jointly acquired home at Tema.
She says they have three daughters together while the Respondent has since had a son from a different relationship.
She further states that since January 2003, they have not lived together as husband and wife.
She denied that there were divorced in 2002 even though she admits that the Respondent herein filed a petition and she was represented by Larry Otoo Esq. as her counsel while he was represented by Frank Davies ESq. She admits that between 2005 and 2006 she received an amount of £6, 000 from the Respondent in two or three installments which amount was for the upkeep of the children and not cash settlement for divorce.
The Respondent on the other hand, says they have not lived together as husband and wife since 1999. He attributed the cause of the breakdown of the marriage to the refusal or failure of the Petitioner to relocate to Ghana so that they would live together as husband and w