dr. ben foleson v. laila christiana boafo foleson
2016
COURT OF APPEAL
GHANA
CORAM
- marful-sau j.a. (presiding)
- francis korbieh j.a
- tanko amadu j.a
Areas of Law
- Family Law
- Civil Procedure
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case involves an appeal against a Circuit Court's dismissal of a divorce petition. The Appellant, a Medical Doctor, sought to dissolve his marriage with the Respondent, an Administrator, on grounds of unreasonable behavior and irretrievable breakdown. The Court of Appeal found that the Appellant failed to provide sufficient evidence to support his claims and attempts at reconciliation. While dismissing the appeal on its merits, the Court, using its discretionary powers, ordered the dissolution of the marriage, considering the parties' prolonged separation and apparent lack of mutual affection. The Court also ordered the Appellant to pay alimony to the Respondent. The case highlights the importance of providing concrete evidence in divorce proceedings and demonstrates the court's power to make decisions in the interest of the parties, even when an appeal lacks merit.
TANKO AMADU J.A (1) This appeal is taken from the judgment of the Circuit Court Accra dated the 27th day of June 2014.
At the trial Court, the Petitioner Appellant a Medical Doctor, (hereinafter referred to as “the Appellant”) commenced action against the Respondent/Respondent an Administrator, (hereinafter after referred to as “the Respondent”) for an order “that the marriage celebrated between the parties on 10th February 2010 be dissolved”. (2) In the petition for divorce, the Appellant set out the grounds for relief as follows:- “1. That the marriage between the parties has broken down beyond reconciliation.
2. That the Respondent has behaved in such a way that the Petitioner cannot reasonable (sic) be expected to live with her”. The Appellant provided the following particulars: “(a) Despite the fact of the time tested truth that marriage thrives on trust, the Respondent for no justification whatsoever has displayed continuous and persistent lack of trust in her matrimonial relationship with the petitioner”. (b) The Respondent makes phone calls to numbers of female persons copied from Petitioner cell phone book.
She then demands to know from such person the kind of relationship that exists between them and her husband or accuses them of being in amorous relationship with husband the Petitioner. (c) In consequence of the aforementioned unreasonable conduct of the Respondent the Petitioner has been left embarrassed and in distress judging from the high opinion that such persons hold of him in society. (d) The Respondent further has no relevance and respect for the choice of religious organization or faith that the Petitioner beliefs (sic) in and prefers to practice or express himself.
The Respondent has sought to foist or impose her religious beliefs on the Petitioner much to his embarrassment. (e) The Respondent has very recently developed on appetite for spewing despicable insults at the Petitioner and has by such conduct humiliated and disrespected Petitioner as husband. (f) That all attempts at reconciling any differences between the parties have proved futile. (3) At the end of the trial, the Learned Trial Judge in delivering herself found that the Appellant had failed to discharge his burden of proof to entitle him for relief and accordingly dismissed the petition. (4) The Appellant has by notice filed on 19/8/2014 appealed to this court and has set down two grounds of appeal as follows:- “(a) The parties having separated, not had sex or a