MRS. ELAINE DOROTHEA AMPIAH v. MR. JOSEPH ALEX AMPIAH

P. K. GYAESAYOR J.A:-

This is an interlocutory appeal against the decision of the High Court, Sekondi dated 21st January, 2011 refusing an application for interim injunction in the divorce petition pending before it.

The petitioner/applicant/appellant (who shall be known as petitioner in this appeal) not satisfied with the ruling of the High Court has appealed against the decision of the said court.

The notice of appeal which can be found at pages 92-93 of the record of appeal was filed on 21st January, 2011.

In the notice of appeal the petitioner states clearly that she is dissatisfied with the whole decision/ruling for the reasons set out in the grounds of appeal.

These are;

i. The court ought to have granted the application for interim injunction in order to protect the properties of the parties from alienation or from being interfered with in any way in the interim

ii. The court failed to consider the provisions of S.26 (1) of the Matrimonial Causes Act, Act 367.

iii. The petitioner’s quiet enjoyment of the matrimonial home is threatened and the court ought not to have refused the application for interim injunction iv.

Additional grounds of appeal may be filed Let me be quick to poin out that no additional ground of appeal has been filed.

The genesis of this case was in a petition field by the petitioner in the High Court, Sekondi seeking the dissolution of the marriage between her and the respondent/respondent contracted under the Marriage Ordinance in July 1999 at the Life Gate Church Sekondi on the grounds that the said marriage has broken down beyond reconciliation.

The husband who was the respondent in the appeal in his reply agrees that the marriage be dissolved because, it has indeed broken down beyond repair.

Also endorsed in her petition is a request for a declaration that the under listed properties belong to Nalex Investment Ltd, a company jointly owned by them and that although they were acquired in the name of the respondent they were infact acquired through their joint efforts.

The properties are:-

i. H/No.P7103 Windy Ridge, Takoradi known as Nalex Hotel

ii. H/No.C20/21, Davies Avenue, Anaji Estate is Nalex case

iii. H/No.NR 31/2, Cape Coast Road, Takoradi, Nalex Court and

iv. H/No.L14 Ampiah Avenue by the matrimonial home.

While the matter was pending before the court, the petitioner applied exparte for an interim injunction to restrain the respondent from interfering in the administration of the Nalex Investment Ltd an