Michael Kwadwo Nyamekye Adum-Kumasi v. Florence Gyamfi

WELBOURNE, J. A

This is an appeal against the Judgment of the High Court, Kumasi dated 8th day of November, 2016. The Judgment of the trial Court spanned from pages 103-110 of the Record of Appeal.

The Notice Appeal filed on 18/11/16 can be found at pages 111 – 112 of the Record of Appeal.

In this appeal, the Petitioner/Respondent is hereinafter referred to as the Respondent, while the Respondent/Appellant is hereinafter referred to as the Appellant.

The Record of Appeal is also hereinafter referred to as the Record.

BRIEF FACTS: The facts of the case which cumulated into the instant appeal as narrated by the Respondent herein in a short compass are: The Respondent herein is currently resident in the United Kingdom whilst the Appellant is resident in Ghana.

They shall be collectively referred to as the “Parties”, The Parties are both Ghanaians.

The Parties met in or about 1986 and entered into an amorous relationship.

According to the Respondent, she subsequently managed to successfully moved to Italy sometime in 1988. Two months prior to that, the couple were blessed with a baby girl whom they named Linda Nyamekye Boatema.

In or about 1989 the Appellant made arrangement for the Respondent to join him in Italy through the help of a “connection man”. In or about 1991 their otherwise informal relationship was formalised by the performance of an Akan Customary Marriage, in absentia, in Ghana by their respective families.

They later had a child in Italy whom they named Dennis Nyamekye and who at the time of the filing of Petition was Fifteen (15) years and in the custody of the Respondent in the United Kingdom.

When the Respondent arrived in Italy in 1989, she secured employment as a Cleaner from which she earned varied amounts but averaged about 600 Liras per month (the equivalent of 300 Euros). Upon the ability of the Parties to secure resident permits, they moved from Napoli, where they initially cohabited, to settle in Modena where they were able to secure permanent and regular employment.

In Modena, the Appellant worked in a factory and averaged between 1, 000 and 1, 200 Euros per month in earnings.

The Respondent worked with an agency as a cleaner in offices as well as working part-time cleaning homes from which her aggregate monthly earnings averaged about 1, 100 Euros.

The Parties saved their earnings in a joint bank account from which bills and other domestic out goings were paid.

Their surplus earnings were converted into United States