ISAAC YORKE VS CHRISTINA YORKE
2024
COURT OF APPEAL
GHANA
CORAM
- BARTELS-KODWO JA (PRESIDING)
- KYEI BAFFOUR JA
- AGYEI ADDO JA
Areas of Law
- Family Law
2024
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves an appeal regarding the settlement of properties and maintenance following a divorce decree. Initially filed on 11th June 2015, the Circuit Court granted the divorce citing adultery and divided marital properties. The respondent appealed specific parts of the decision on 26th January 2022. The Court of Appeal dismissed the respondent's appeal and upheld the trial court's judgment on equitable distribution of properties and denial of post-marital maintenance.
GIFTY AGYEI ADDO JA
INTRODUCTION
The appeal before us, which was filed on 9th August 2022, emanates from a divorce, custody of the two children, property settlement as well as financial provision of the parties herein, before the Circuit Court, Accra.
In this delivery, the designation of the parties in the court below, that is the Petitioner and the Respondent, shall be maintained for ease of reference.
BACKGROUND
The facts relevant to this appeal are as follows:
Per his petition, filed on 11th June 2015, before the Circuit Court, Accra, the plaint of the Petitioner was that his marriage with the Respondent, which marriage was celebrated under Cap 127 sometime in 1993, was so bedeviled with irreconcilable differences such that it was no longer possible for the parties to co-exist in a marriage union. The Petitioner therefore prayed as follows:
That the said marriage be dissolved;
That the Petitioner be granted custody of two issues of the marriage; namely Isaac Fiifi Yorke aged 11 years and Christabel Yorke aged 8 years.
That the following property of the marriage be settled equally between the parties:
i. A storey building (matrimonial home) situate and being at Anyaa, Accra.
Per the Respondent’s amended answer to the petition and cross-petition filed on 11th July 2016, she, in essence, denied all the material averments of misconduct levelled against her by the Petitioner, but also admitted that the marriage had broken down beyond repair on grounds of the adulterous conduct, coupled with other misconducts of the Petitioner. The Respondent thus prayed the trial court for:
a) An order that the marriage celebrated between the parties in August 1990 be dissolved.
b) Custody of two issues of the marriage, namely Isaac Fiifi Yorke, aged 11 years and Christabel Yorke, aged 9.
c) The matrimonial home of the parties House Number 100 at Anyaa, Accra.
d) Fifty percent (50%) interest in the property secretly constructed by the Petitioner at Dahwenya.
e) A monthly allowance of one thousand Ghana cedis (Gh¢1000) towards the maintenance of the Respondent
f) A monthly allowance of three thousand Ghana (Gh¢3000) for the maintenance of the issues of the marriage.
The Petitioner filed an initial reply and answer to the cross-petition of the Respondent but subsequently amended same following the amendment of the Respondent’s answer to the petition and cross-petition filed on 11th July