GLORIA ODARTEY LAMPTEY v. NII ODARTEY LAMPTEY
2021
COURT OF APPEAL
GHANA
CORAM
- PROF. SIR DENNIS ADJEI JA (PRESIDING)
- A. A. GAISIE (MRS.) JA
- G. KOOMSON, JA
Areas of Law
- Family Law
- Property and Real Estate Law
- Evidence Law
- Corporate Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, constituted by Amma A. Gaisie JA delivering the lead judgment with concurrences by Prof. Sir Dennis Adjei JA (presiding) and G. Koomson JA, dismissed the Petitioners appeal from a High Court divorce judgment. The High Court had dissolved the parties ordinance marriage, declared that three children who bore the Respondents surname (Latifah, Kadija, Moesha) were not his biological offspring based on DNA evidence, and equitably distributed property by awarding the Dome house, GH200,000 and two cars to the Petitioner and the matrimonial home and two cars to the Respondent. On appeal, the Court held that Glow-Lamp International School is a separate corporate entity whose assets cannot be distributed in a matrimonial suit and that the Petitioner failed to establish entitlement to 50% of the Respondents shares. The Court affirmed the equitable property distribution and upheld the adultery finding, concluding that all grounds lacked merit.
AMMA A. GAISIE (MRS.) JA
This appeal is from the judgment of the High Court (Divorce Division) Accra, dated 14th June, 2017.
The Petitioner initiated divorce proceedings in the High Court against the Respondent by filing a Notice to Appear and a Petition for Divorce on 9th September, 2013.
In her amended petition filed on 9th December, 2015 the Petitioner stated that she was lawfully married under the Marriage Ordinance Cap 127 to the Respondent on 28th May, 1994 in Accra.
After the marriage, the couple cohabited in several places including Kumasi, Belgium, London, Italy and Holland. The Petitioner states further that the Respondent was a professional football player while the Petitioner was a housewife. The parties are both citizens of Ghana and currently domiciled in Ghana.
It is the Petitioner’s case that the marriage had irreparably broken down due to the violent behavior of Respondent against the Petitioner and which had caused the Petitioner and her children grave emotional and psychological abuse. The Petitioner contends further that the Respondent had also engaged in various extramarital affairs and was currently residing with one Ruweida with whom he is intimately involved. The Petitioner avers that she was working at Golden Tulip when they first met, but the Respondent made her stop work so she could be by his side and take care of him. She therefore groomed the Respondent, providing emotional and psychological support to enable him embark on his career. She also avers that she was responsible for the acquisition of various properties that the Respondent acquired during the term of their marriage, with assistance from her mother and brother. The Petitioner concludes that she can no longer live with Respondent due to the anxiety, distress, insecurity and embarrassment she suffers from him as Respondent is constantly confronting Petitioner with false allegations of adultery and circulating same. The Petitioner therefore prayed for the following reliefs:
a. An order dissolving the marriage.
b. An order that the Respondent pays the Petitioner a total sum of GH¢114,096.00 (One Hundred and Fourteen Thousand and Ninety Six Ghana Cedis only) consisting of feeding allowance, utility bills, car maintenance and outstanding allowance from running Glow Lamp International School.
c. An order for the equitable distribution of the marital property granting the Petitioner Fifty percent (50%) share of each of the properties listed below:
i. Two plots of l