MERCY OGBAJIE v. IBRAHIM LAMPTEY
October 24, 2022
DISTRICT COURT
GHANA
CORAM
- HER HONOUR HALIMAH EL-ALAWA ABDUL-BAASIT
- MADAM LOVEGRACE AHALIJAH
- MADAM PHILOMENA SACKEY
Areas of Law
- Family Law
- Alternative dispute resolution
- Civil Procedure
October 24, 2022
DISTRICT COURT
GHANA
CORAM
AI Generated Summary
Mercy Ogbajie initiated proceedings on 22 August 2022 seeking orders related to the parties’ children against Ibrahim Lamptey, including custody, maintenance, educational expenses, and accommodation. The Circuit/Family Court, presided by Her Honour Halimah El-Alawa Abdul-Baasit with panel members Madam Lovegrace Ahalijah and Madam Philomena Sackey, observed the matter was suitable for settlement and referred the parties to the Court Connected Alternative Dispute Resolution Centre. On 27 September 2022, the parties executed Terms of Agreement granting custody to Mercy, access to Ibrahim during school vacations, Ibrahim’s responsibility for school fees, textbooks, and school feeding, and health arrangements under the National Health Insurance Scheme. They could not agree on maintenance and accommodation, which were returned to court. The court ordered Ibrahim to pay GH¢1,200 monthly maintenance into court from November 2022 and directed the parties to share rent equally, with Ibrahim’s portion payable by 31 December 2022. The ADR terms were adopted as a consent judgment.
CONSENT JUDGMENT
The Applicant on the 22nd of August 2022 filed an Application praying for the
following reliefs;
1. An Order for custody of the issues to be awarded to the Applicant.
2. An Order for the Respondent to maintain the Four (4) issues with an
amount of Two Thousand Ghana Cedis (Ghc2, 000.00) monthly subject to
a yearly review from the date of Judgment.
3. An Order directed at the Respondent to pay for the school fees, medical
bills and all other educational expenses of the issues herein as and when
they fall due.
Mercy Ogbajie vs Ibrahim Lamptey 2
4. An Order directed at the Respondent to provide accommodation for the
Applicant and the issues.
5. Any other Order(s) this Honourable court may deem fit.
DETERMINATION:
The matter came up for hearing on the 19th of September, 2022 but the court
observed that the Respondent was yet to file his Affidavit in Opposition and
therefore ordered the Respondent to file same on or before the 30th of August
2022. The Court further observed that the parties were amenable to settlement
and therefore referred the parties to the Court Connected Alternative Resolution
Dispute Centre to attempt an amicable resolution of the dispute.
Terms of Agreement
Before the Court is an ADR Terms of Agreement dated 27th September 2022,
where the parties agreed on the following:
1. Custody:
That the Applicant shall have custody of the children.
2. Access:
That the Respondent shall have access to the children during school
vacations.
3. Education:
That the Respondent shall pay the children’s school fees, cost of textbooks
and exercise books as well as school feeding fees.
Mercy Ogbajie vs Ibrahim Lamptey 3
4. Health:
The Applicant shall renew the child’s Health Insurance under the
National Health Insurance Scheme (NHIS) anytime it falls due and the
Respondent shall pay all the medical bills not covered by NHIS.
5. Maintenance and Accommodation: The parties were however unable to
agree on the issue of maintenance and same was referred back to court for
a determination.
BY COURT:
Maintenance: The Respondent is hereby ordered to maintain the children
monthly with an amount of One Thousand Two Hundred Ghana Cedis (Ghc1,
200.00) and same should be paid into court within the first week of every month
with effect from November, 2022.
Accommodation: the Parties are to share the rent equally with the Applicant
paying Fifty percent (50%) with the Respondent paying the remaining Fifty