DAVID ADDISON ZUTTAH VS ABIGAIL ADDISON ZUTTAH
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MRS MERLEY WOOD J.
Areas of Law
- Family Law
- Property and Real Estate Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a divorce petition between a married couple in Ghana. The court found that the marriage had broken down beyond reconciliation based on the parties living separately for an extended period. The judgment dissolved the marriage, settled the Gbawe property on the Respondent (wife), granted custody of the child to the Respondent with access rights to the Petitioner (husband), ordered child maintenance payments, and awarded financial provision to the Respondent. The court applied principles from the Matrimonial Causes Act, the Children's Act, and the Constitution of Ghana in making its decision, considering factors such as the best interest of the child and the financial circumstances of both parties. The case highlights the complexities of divorce proceedings, including property settlement, child custody, and financial provisions in Ghanaian family law.
The husband Petitioner who seeks the dissolution of the marriage between himself and the Respondent prays per the following reliefs:
a) A dissolution of the marriage celebrated between the parties on the 28th April 2006.
b) A 50% share of the Gbawe property.
c) General maintenance of the only issue of the marriage d) Joint custody of Abraham Tettey Addison Zuttah.
The Respondent on the other hand cross petitions as follows: a. A dissolution of the marriage celebrated between the parties on the 25th April 2006. b. An order for the payment of send off/compensation to Respondent c. A declaration that the Petitioner has no share in the Gbawe property since it was acquired before the marriage.
d. An order for payment of monthly maintenance for the only child.
e. An order that Petitioner pays a debt owed to Respondent with interest thereon.
The Petitioner who testified on oath says that the Respondent who is aggressive and who physically attacks him, is a drunk, that she refuses to cook for him, that she broke into his wardrobe and stole his money and goes out leaving their new born baby unattended.
He further says he found her having sex with one Tetteh Aboo in their matrimonial home when he came home unexpectedly.
On another occasion when he met the said Tetteh Aboo together with the Respondent, during the ensuing confrontation, Tetteh Aboo slapped him he alleges.
He says the issue has so adversely affected him that he has had to be counseled.
He further alleges that, the Respondent refused him entry into the matrimonial home and told him never to return and so he subsequently moved out but she refused to join him in his rented premises.
He denies committing adultery and being in a relationship with one Constance, and moving out of the matrimonial home to live with his girlfriend.
The Petitioner’s witness, his mother confirms that there were quarrels between the parties which were reported to her and that the Respondent informed those present at a meeting that she was no longer interested in the marriage.
The Respondent denies the material allegations of having an affair with Tetteh Aboo and says that it is rather the Petitioner who is a philanderer, violent, proud and irresponsible for he did not give any money for housekeeping.
It is her testimony that they had agreed that whilst she provided for the home, he would use his earnings to invest in their future plans but she reneged on this arrangement when she found him having an affair and a qua