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HAPPEE v. HAPPEE AND ANOTHER

1970

HIGH COURT

GHANA

CORAM

  • EDUSEI J

Areas of Law

  • Family Law
  • Conflict of Laws
  • Civil Procedure

AI Generated Summary

This ruling arises from a marital dispute between a Dutch marine engineer and his wife, married in 1951 at Sekondi, with both parties resident in Ghana when litigation commenced. The husband sought a divorce alleging cruelty; the wife responded with a cross-petition for judicial separation alleging cruelty and adultery with Hannah Ankumah-Sey. Justice Edusei held that the court lacked jurisdiction to hear the husband’s divorce petition because jurisdiction in divorce depends on the husband’s domicile, which was the Netherlands. The wife relied on section 18(1)(b) of the Matrimonial Causes Act, 1950, but the court found that provision governs divorce and nullity, not judicial separation. Drawing on Dicey, Tolstoy, and English cases (Armytage, Anghinelli, Sim), the judge concluded judicial separation jurisdiction could be founded on residence—both parties or the respondent alone—and treated the cross-petition as an independent action. The court therefore asserted jurisdiction over the wife’s cross-petition and directed that it proceed.

JUDGMENT