KALEDZI ETORNAM ERNESTINA v. GEORGE KOGBE
December 19, 2022
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE DOREEN G. BOAKYE-AGYEI (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Family Law
- Property and Real Estate Law
- Evidence Law
December 19, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
This Ghana High Court family matter concerns the dissolution of the marriage between nurse KALEDZI Etornam Ernestina and George Kogbe, married under the Marriage Ordinance at Global Evangelical Church, Sogakope. The couple, living apart in Sogakope and Akim Oda due to work, experienced persistent quarrels and a breakdown in communication from May 2017. Ernestina alleged demeaning remarks and assault; maintenance disputes led to DOVVSU and Social Welfare involvement. Applying the Matrimonial Causes Act, the court found irretrievable breakdown under section 2(1)(f) and dissolved the marriage. Emphasizing the child’s best interests, custody of their daughter, Valerie Deladem Kogbe, was granted to Ernestina with reasonable access to Kogbe. The court ordered Kogbe to pay GH¢500 monthly maintenance and educational and medical expenses, clear arrears per Social Welfare orders, and share rent equally. On property, documentary evidence showed Ernestina’s sole purchase of a Sogakope plot; Kogbe received a one‑tenth share, to be bought out. Given demonstrated infidelity, Kogbe was awarded GHC3000 compensation; each party bore their own costs.
JUDGMENT
INTRODUCTION
From the facts, the Petitioner formerly a spinster called KALEDZI ETORNAM
ERNESTINA was lawfully married under the Marriage Ordinance (CAP. 127) to the
Respondent on the 31st December, 2011 at Global Evangelical Church, Sogakope. The
parties are both citizens of Ghana and are domiciled in Ghana. The Petitioner is a public
servant, a nurse working at South Tongu District Hospital, Sogakope, Volta Region,
whilst Respondent works for SIC and resides in Akim Oda in the Eastern Region. The
Respondent had one child prior to the marriage and the marriage between parties
produced one child (- Deladen Valeri Kogbe 7 ½ years of age at the time). After the
marriage the parties cohabited in Akim Oda for three (3) months when according to
Petitioner, she had to relocate to Sogakope due to her work as a nurse stationed in
Sogakope.
Petitioner’s case is that as a result of living in two different places, parties visited each
other and spent weekends, holidays and annual leaves. That parties have constantly and
persistently been quarreling on almost every issue and that the marriage between the
parties has broken down beyond reconciliation. Petitioner also makes the case that on
one of her visits to Respondent at his place at Akim Oda, Respondent said during one of
their quarrels that Petitioner is not different from a prostitute, without any reason for
saying so, just to provoke and demean her. That Petitioner retorted to Respondent that
sometimes he speaks like a person who is not correct as a result of which Respondent
assaulted Petitioner with slaps and finally pushed her, she fell on a chair leading to
dislocation of her fingers.
According to Applicant, Respondent stopped picking her phone calls from May, 2017
which issue was reported to Respondent’s parents, Pastors and even his best man who
all advised him but he would not respond to Applicant’s call. That Respondent
categorically told Petitioner that he cannot love her any longer and instructed her to
inform her parents that he is no longer interested in the marriage. Petitioner states that
she reported the conduct of the Respondent to his parents and the two families sat on the
matters and settled all matters and Respondent went back to Akim Oda and came to
Petitioner on a visit, stayed for a day and when he was leaving for Akim Oda, Respondent
told Petitioner that he was not safe staying with Petitioner so he would not come to
Petitioner again and Petitioner