J U D G M E N T
The Defendant/Appellant being dissatisfied with and aggrieved by the orders
of the Family Tribunal, Accra dated 28th August, 2020 had filed this appeal.
The Appellant had filed the following grounds of Appeal.
a) That the learned trial Family Tribunal erred in law which error of law
occasioned a miscarriage of justice to the Respondent/Appellant when it
failed to appreciate the position of the law that mandates it to take
consideration before making orders for maintenance the income and
wealth of the Respondent/Appellant and other parental responsibilities
of the Respondent/Appellant towards his other 6 children.
Particulars of Error of Law:
That the trial Family Tribunal failed to appreciate the position of the applicable
laws with regards to maintenance orders especially Section 49 (a) and (c) of the
Children’s Act, 1998 (Act 560) as amended to the effect that a Family Tribunal
prior to making a maintenance order shall consider the income and wealth of
the Respondent/Applicant and other parental responsibilities of the
Respondent/Appellant towards his other 6 children.
b) That the trial Family Tribunal fell into an error of law that occasioned
grave miscarriage of justice to the Respondent/Appellant when it failed
to appreciate the position of the law that the responsibility for the
maintenance of the children of the parties and provision of other
necessaries of life of the children of the parties was mandatorily a shared
responsibility between the parties thereto.
c) That some portions of the orders made by the Family Tribunal with
regards to the maintenance of the children of the parties and provision of
others necessaries of life of the children of the Parties are in conflict with
the contents of the Social enquiry Reports ordered and presented to the
Tribunal pursuant to its own orders dated 26th August, 2020.
The brief fact of this case is that the Plaintiff/Respondent applied for an order of
maintenance and custody of the three (3) children she had with Defendant
namely; Mary Sosu, Bernice Sosu, Prince Sosu who were at the time of the
institution of this suit i.e. 3rd June, 2020 aged 15 years, 13 years, and 9 years
respectively.
At the trial Court, the case was tried on the affidavit evidence filed by the parties
and Social Welfare Officers.
In the Affidavit in Support of the application for maintenance and custody order
filed at the trial Court, the Petitioner/Respondent averred that the Responde
