Patience Amponsah v. Anthony Amponsah
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MRS MERLEY WOOD J
Areas of Law
- Family Law
- Property and Real Estate Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case revolves around the dissolution of marriage between the Petitioner, a hairdresser, and the Respondent, a policeman. The Petitioner sought custody of their two children, joint ownership declaration of two plots of land, and financial provision, citing abuse, infidelity and neglect. The Respondent also requested dissolution of the marriage, custody of children, contested financial provision requested by the Petitioner, and denied knowledge of the second plot of land. Both parties produced evidence of abuse. The court dissolved the marriage, granted custody to the Petitioner, awarded reasonable access to the Respondent, ordered the Respondent to maintain and pay the children’s school fees, awarded the disputed plot of land to the Petitioner, and ordered a financial provision of GHC5,000 to the Petitioner.
Per her petition, the wife petitioner prays for the following reliefs: 1. That the marriage between the parties herein be dissolved 2. That Petitioner is granted custody of the children of the marriage namely Veronica Akua Amponsah and David Kwaku Amponsah.
3. That the Honourable Court makes a declaration that the two plots of land at Dodowa, being part of the Police lot is jointly owned by the parties.
4. That this Honourable Court distributes the two plots of land at Dodowa between the parties.
5. That this Court orders the respondent to make financial provision in lump sum in the sum of fifteen thousand cedis (GHC15, 000)6. That this Court makes such further order (s) or relief as may appear just and fit.
The Respondent on the other hand prays as follows: a). The dissolution of the ordinance marriage between the parties.
b) That custody of the issues of the marriage should be given to the Respondent with reasonable access to the Petitioner.
c). That the Petitioner is not entitled to relief 3 and 4, since the land bought by the Responent is only one plot and the Respondent does even know where the land is located since it was bought by the Police Service.
d) That the Respondent canlonly afford to pay GHC3, 000. 00 as lump sum settlement to the Petitioner.
e. ) That each party be made to bear their own cost in the suit.
The Petitioner, a hairdresser, who testified on oath says that the Respondent a policeman now resident at Asankragwa physically assaults her and in one such instance she suffered a miscarriage.
She alleges that when she confronted him on his infidelity and having a second wife, the Respondent stopped maintaining them and so this was reported to the Police and eventually she lodged a complaint at WAJU now DOVVSU and the District Court.
According to her they argued and had many misunderstandings over issues of maintaining the home.
She alleges that in spite of the court orders, he maintained them and paid the children’s fees irregularly.
It is her testimony that they have not lived together since 12th January 2008 when the Respondent presented customary drinks to her father in a bid to commence divorce proceedings and he removed her belongings from the matrimonial home.
She denies being violent and abusive and says attempts at reconciliation by their families and the Respondent’s bosses have come to nought.
The Respondent in his testimony says they lived together and had one child before the performance of the marriage rite