KWESI YIRENKYI v. EMELIA DENTEH
2019
COURT OF APPEAL
GHANA
CORAM
- IRENE C. LARBI (MRS), J.A. (PRESIDING)
- LAWRENCE L. MENSAH, J.A.
- A. M. DOMAKYAAREH (MRS.), J.A
Areas of Law
- Family Law
- Property Law
- Evidence Law
- Constitutional Law
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal against the Circuit Court judgment dated 27th April 2017 was dismissed. The house built during the marriage was rightly considered matrimonial property, and the financial orders for alimony and maintenance were supported by the evidence. The custody order was in the best interest of the children.
J U D G M E N T
A. M. DOMAKYAAREH (MRS), J.A.
1. This is an appeal against the judgment of the Circuit Court, Agona Swedru, dated 27th April 2017. In the said judgment, which concerned a matrimonial cause, the trial judge dissolved the marriage between the parties and made consequential orders in favour of the Respondent and against the Petitioner.
2. The brief facts that led to the above state of affairs are as follows:
On 25th November, 2016, the Petitioner filed a Petition against the Respondent claiming the following reliefs:
(a) An order for the dissolution of the marriage between the parties
(b) An order for the custody of the children to be given to Respondent with every access to Petitioner
(c) Any order as the court may deem fit to Petitioner
3. The Petitioner based his claims for these reliefs on the fact that the parties were customarily married at Agona Swedru on 9th April 2010, followed by a church wedding on 10th April 2010 i.e. the following day after the customary marriage. Per his Petition, the Petitioner averred that there has not been any unanimity of purpose or understanding in the marriage. He listed a catalogue of unacceptable behavior on the part of the Respondent towards him as follows: -
i) The Respondent does not show respect to the Petitioner or his relatives
ii) The Respondent talks to the Petitioner without reservation, unmindful of the place and time
iii) The Respondent does not offer any assistance in the marriage to complement the efforts of Petitioner, financially or materially.
iv) The Respondent has neglected her matrimonial duties of housekeeping including washing of clothes, scrubbing of the toilet and bathhouse and cooking for the family
v) The Respondent cooks at her own discretion and convenience despite the fact that she receives her housekeeping money regularly
vi) The Petitioner’s in-laws, especially his father-in-law does not respect their marriage relationship
vii) His father-in-law talks disrespectfully to him showing every indication of disapproval of the marriage
viii) For four (4) years up to 2016, the sexual relationship between the parties has not been cordial or intimate. The Respondent has been giving various excuses to thwart every attempt of the Petitioner from having sexual relationship with her
ix) The Respondent has verbally declared that she has regretted marrying the Petitioner
x) The marriage has not seen peace, understanding, purpose and intimacy
xi) The Petitioner has boug