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JUDGMENT
J U D G M E N T
SAEED K. GYAN, J.A.
This is an appeal by the Respondent/Appellant, who, until the judgment in the court below, was the husband of the Petitioner/Respondent herein, against the Judgment/decision of the High Court, Accra, presided over by D. K. Ofosu- Quartey, J. The judgment is dated 21/10/2009.
The notice of Appeal, filed on 28/10/2009, declared that the appeal was against the “entire judgment “of the trial court and thus, not unexpectedly, sought the setting aside of the said judgment wholly by the Court of Appeal.
The Respondent/Appellant (hereafter referred to as Appellant) filed sixteen (16) Grounds of Appeal together with the customary notification that further grounds would be filed upon receipt of the record of Appeal.
The Appeal Record does not show that any further grounds of Appeal were filed.
Ground (iii) however states thus: “That the Learned judge totally misdirected himself on the issues at the trial:”
This ground of appeal obviously sins against Rule 8 (4) of the Court of Appeal Rules, 1997, C.I. 19. That rule specifically states: “where the grounds of an appeal allege misdirection or error in law, particulars of the misdirection or error shall be clearly stated” The said ground of appeal is consequently struck out in accordance with Rule 8 (7) of C.I. 19.
It is clear to me that despite the numerous grounds of appeal filed, and considering generally the submissions of Counsel for the Appellant, the real substance of the appeal hinges on the Appellant’s objection to the Learned High Court Judge’s decision to settle upon the Petitioner/Respondent herein and her children the entire right, title or interest in the couple’s matrimonial home located at Spintex Road, Baatsonaa, Nungua in Accra as well as the costs, in the sum of Gh¢5,000.00, which were awarded at the end of the trial.
It appears to me rather surprising, if not incongruous, that the Appellant should declare that his appeal was against the “entire Judgment of the Court” and hence proceeded to request this Court to set aside the whole judgment.
This is a matrimonial cause - a divorce suit – which sought various claims, including ancillary reliefs. Paragraph 31 of the Petition states:
(i) The said marriage between the parties herein celebrated in the United Kingdom be dissolved.
(ii) An Order for Respondent to pay Petitioner Lump Sum Settlement (Alimony) of GH¢10,000.
(iii) A Declaration that the Petitioner is a joint owner of the parties property situate a