CECILIA OFORI GYAMOH VS AUGUSTINE KWAKU NNURO
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
The High Court reviewed a matrimonial dispute where the Petitioner sought dissolution of her marriage with the Respondent on grounds of incompatibility, irreconcilable differences, and unreasonable behavior, alongside requests for property settlements. The Respondent countered by seeking to declare the marriage void due to bigamy claims. The court found that the ordinance marriage was invalid given an existing customary marriage and evaluated claims regarding property acquisition and contributions, ultimately dissolving the marriage, rejecting claims to certain properties, and awarding the Petitioner a financial provision.
The wife Petitioner seeks the dissolution of the marriage celebrated between herself and the Respondent on the grounds of incompatibility and irreconcilable differences and unreasonable behaviour and prays for the following reliefs: a. Dissolution of the marriage celebrated between the parties b. That the following jointly acquired properties be settled on her being an eleven bedroom Augies Hotel located in Kumasi c. Toyota Camry Saloon car d. Alimony of GH¢200, 000. 00 e. An order of this Honourable Court for the Respondent to pay for the cost of the petition f. Any other order(s) as to this Honourable Court may seem meet.
The Respondent on the other hand cross petitions that the purported marriage celebrated between them be declared null and void on the basis that at the time of contracting the said marriage the Respondent did not have the requisite capacity to contract the said marriage being already validly married to another woman, the fact of which the Petitioner herein at all material times had been aware.
It is her evidence on oath that they got married customarily in 1986 and under the ordinance in May 1991 and she tendered her marriage certificate as Exhibit A in proof thereof.
She says that the Respondent and the children live in the United States of America whilst she lives in Ghana and that she has been separated from the Respondent since 2010. According to her in December 2009 during a visit of the Respondent to Ghana, he sought to have their marriage dissolved and filed a petition in court but same was struck out for want of prosecution.
She denies knowing his marital status at the time of their marriage until 2002 as well as the fact of his childlessness with his wife.
She admits meeting the Respondent in 1982 but denies knowing his marital status until the year 2002. The Respondent on the other hand says that at the time of the customary marriage was converted into an ordinance marriage, he had been customarily married to his first wife Felicia Nnuro since 3rd February 1981 and tendered that marriage certificate as Exhibit 1 in proof of his assertion.
He recounts how he met the Petitioner and the circumstances under which they had their children and the fact that she knew all along that he had a first wife.
Having relocated to the United States, he arranged for his younger son Kevin who had been diagnosed with Down’s syndrome to join him and his wife in 1996 followed by the eldest child Derrick in 1998 and the youngest Jennifer in 2