Mariam Partey v. William Partey
2013
COURT OF APPEAL
GHANA
CORAM
- Kusi-Appiah, J.A. (Presiding)
- Gyaesayor, J.A.
- Dzamefe, J.A.
Areas of Law
- Family Law
- Civil Procedure
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case concerns an appeal against the Circuit Court's ruling granting dissolution of marriage without inquiry as required by the Matrimonial Causes Act. The Appellate Court found the trial court's failure to inquire into the facts and absence of the parties and their counsel in breach of mandatory legal provisions, thus rendering the proceedings and subsequent judgment void. The appeal was allowed, setting aside the initial judgment and remitting the case back for hearing according to the law.
KUSI-APPIAH, J. A. : This is an appeal against the ruling of the Circuit Court, Accra, dated 20th day of April, 2012, in favour of the Petitioner/Respondent against the Respondent/Appellant.
I will refer to the parties in the manner they appeared at the court below.
By her petition filed on 25th day of May, 1999, the petitioner prayed for: -“a. An order for dissolution of the marriage.
b. An order for maintenance pending suit.
c. An order restraining respondent from bringing prospective buyers to H/No. 113 Airport West, Dzorwulu to view same.
d. That petitioner be given custody of the children of the marriage.
e. An order for liberty to apply for financial provision. ”The facts of this case are not in dispute.
The petitioner pleaded in the main that the marriage between her (Mrs. Mariam Ivy Partey)and the respondent herein, Mr. William Kofi Partey was celebrated under the ordinance at the Parish Church, St. Gabriel, Cricklewood, London, England on 17th October, 1981 and had three children all of whom are now adults.
The petitioner averred that after the celebration of the marriage, the parties lived together in the United Kingdom in House No. 15 Portlet Court, Dowham Road London E2, before returning to Ghana to live at H/No. 113 Airport West, Dzorwulu, Accra.
According to the petitioner, the parties have not lived as husband and wife for a continuous period of twelve years preceding the presentation of the petition.
That the marriage has broken down beyond reconciliation because of unreasonable behaviour (of not maintaining the petitioner and the children) and adultery on the part of the respondent.
The record of appeal indicates that the respondent upon being served with the (Petitioner’s) petition, entered appearance under protest and followed it up with an application to set aside the petition.
However, the said application was subsequently struck out for want of prosecution by the trial court on 22nd day of June, 1999 with costs of ¢150, 000. 00 now GH¢15. 00. A critical examination of the record shows that the respondent did not file any answer to the petition.
On 9th day of November, 2000 the learned trial Judge dissolved the marriage between the parties herein and further ordered that respondent’s House No. 113, Airport West, Dzorwulu, Accra be taken over by the petitioner and her three children namely; Victor Padi Partey, Doreen Naki Partey and Natasha Naakor Partey forever by way of settlement.
Pursuant to the judgment dated 9th Nove