MR. ANTHONY VICTOR OBENG v. MRS. THERESA H. OBENG
2013
COURT OF APPEAL
GHANA
CORAM
- OWUSU M., J.A. (PRESIDING)
- ADUAMA OSEI, J.A.
- LOVELACE-JOHNSON, J.A
Areas of Law
- Family Law
- Civil Procedure
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The High Court of Accra dissolved the marriage between the petitioner and the respondent, ordering financial payments and costs which the petitioner appealed against, claiming them as excessive and unjust. The Court of Appeal reviewed the awards considering the petitioner's pension as his earning capacity and the respondent's need to resettle in the US. The appeal was largely dismissed except for converting the lump sum payment to its cedi equivalent and reducing the costs for legal representation. The court reasserted that financial settlements in divorce should be fair and equitable based on the circumstances of each case and that awards made in foreign currency are not permissible under Ghanaian law.
JUDGMENT
MARIAMA OWUSU, J.A:
On 21-4-2004, the High Court, Accra, after dissolving the marriage between the parties made the following Orders:
“In conclusion and in exercise of this Court’s discretion under S. 20(1) and (2) of the MCA 1971, Act 367, I make the following awards:
1. Petitioner is hereby ordered to make a lump sum payment of US$80,000.00 to the respondent. This may be made in 5 installments.
2. US$5,000.00 or its cedi equivalent to cover cost of legal representation.
3. Cost of One-way Air-ticket from Ghana to US.”
Dissatisfied with the decision of the High Court, the petitioner/appellant appealed to this Court on the following grounds:
a. The judgment is against the weight of evidence.
b. The order that the petitioner must pay to the respondent the lump sum of US$80,000.00 and US$5,000.00 or its equivalent in cedis as costs of legal representation is excessive and constitutes gross miscarriage of justice.
c. That the trial Court failed to take into account as required by Law the material factors of the petitioner’s circumstances in making the order for the payment of a lump sum of US$80,000.00 by the petitioner to the respondent.
d. Additional grounds will be filed on receipt of the record of proceedings.
RELIEF SOUGHT FROM THE COURT OF APPEAL
The reversal of and setting aside of the judgment of the High Court.
At this stage let me put it on record that the petitioner/appellant did not file additional ground(s) of appeal as indicated in his Notice of Appeal filed on 6-5-04.
Before dealing with the arguments in support and against this appeal, I will like to give a brief background of this case.
The parties were married on 27-7-1996 at East Lancing, Michigan in the United States of America. At that material time, the respondent was ordinarily resident in the U.S. and working there. The petitioner was working in Addis Ababa, Ethiopia with the United Nations. There is no child of the marriage but the petitioner has three (3) children from his previous marriage. The respondent also has three (3) children from her previous marriage. Sometime in June 1998, the respondent moved from Michigan to live with the petitioner in Addis Ababa, Ethiopia.
According to the parties, the marriage has broken down beyond reconciliation. The petitioner alleging that the respondent has invaded his privacy by reading instructions of his Will to his lawyer and making issue of his instructions to his lawyer devising his house at Airport West Residen