CHARLES OWUSU-SEKYERE VRS HELLEN OWUSU-SEKYERE
2015
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWABENA ASUMAN-ADU
Areas of Law
- Family Law
- Property Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves the dissolution of marriage between Charles Owusu-Sekyere and Hellen Owusu-Sekyere. The court granted the divorce, awarded custody of all four children to the Petitioner (father) with reasonable access to the Respondent (mother), ordered financial provision and property settlement payments from the Petitioner to the Respondent, and addressed the division of marital property. The judgment emphasizes the best interests of the children in custody decisions, the principle of "equality is equity" in property division (while considering specific case circumstances), and the importance of documentary evidence over conflicting oral testimony. The court applied relevant statutes and case law in family and property matters to reach its decision.
The Petitioner herein, Charles Owusu-Sekyere, commenced the instant action against the Respondent herein, Hellen Owusu-Sekyere, on 6th December, 2010, for the following reliefs:
a. That the marriage between the parties be dissolved forthwith.
b. That custody of the children of the marriage be given to the Petitioner with reasonable access to the Respondent.
c. That the Respondent be ejected from the Petitioner’s house.
The Respondent entered appearance on 13th December, 2010, and went on to file her answer and cross-petition on 21st December, 2010, denying Petitioner’s claim.
The Respondent cross-petitioned as follows:
a. The marriage between the parties be dissolved.
b. Custody of Mame Serwaa (10 years), Respondent’s only female child, and Nana Yaw (6 years) be granted to the Respondent because of his tender age, with reasonable access to the Petitioner by having them during the weekends to maintain their relationship with their other siblings.
c. The Petitioner be ordered to make to the Respondent such maintenance pending suit and thereafter such periodic payments as may be just.
d. An order to compel the Petitioner to refund an amount of fifty Ghana Cedis (GH¢50.00) which the Petitioner borrowed from the Respondent in 1997 with interest at the current bank rate.
e. The Petitioner be ordered to pay to the Respondent a lump sum of ten thousand Ghana Cedis (GH¢10,000.00).
f. That two bedrooms out of a five-bedroom unnumbered house situate at Tuba, Accra, which was jointly acquired by the Petitioner and Respondent, be given to the Respondent.
g. Further or other reliefs as this Honourable Court may deem fit.
The Petitioner’s case is that he and the Respondent got married under the customary law in May 1997 in Kumasi and converted it into an ordinance marriage at the World Harvest Church, La Paz, Accra, on the 12th October, 1997. He tendered in evidence their Marriage Certificate as Exhibit A. After the celebration of the marriage, the parties cohabited at Alajo. From there, they moved to Race Course and later to Tuba in Accra. They are, however, currently not living together. The Respondent has moved out of the matrimonial home to another place in the same area.
There are four issues of the marriage: Nana Asare, who is currently about 17 years old; Mame Serwaa, currently about 14 years old; Nana Danquah, currently 9 years old; and Nana Yaw, currently about 10 years old. All the children of the marriage are in school at the expense of the Petit