PATRICIA ASARE BOAFO v. BOADI FRIMPONG-TENKORANG
2023
DISTRICT COURT
GHANA
CORAM
- HER HONOUR HALIMAH EL-ALAWA ABDUL-BAASIT
- MADAM FELICIA COFFIE
- MR. WISDOM ATIASE
Areas of Law
- Family Law
2023
DISTRICT COURT
GHANA
CORAM
AI Generated Summary
The Family Tribunal, presided over by Her Honour Halimah El‑Alawa Abdul‑Baasit with two panel members concurring, adjudicated a child‑maintenance application filed on 12 December 2022 by the child’s mother. She detailed that the child’s father withdrew support during pregnancy, refused hospital‑bill payment after delivery, and has since failed to maintain their nine‑year‑old daughter, leaving her to shoulder school fees, feeding, and necessities, save for one fee payment by him. Guided by the Children’s Act’s best‑interest standard and the constitutional protection of children’s rights, the tribunal assessed the father’s means—he is a Regent University student who paused trading and lacks regular income—and found the requested GHS 1,000 monthly unreasonable. The court ordered GHS 300 monthly maintenance, allocated school‑related expenses between parents, and directed NHIS registration, with the father responsible for uncovered medical costs.
RULING
This is a Ruling on an Application by the Applicant herein filed on 12th December
2022 for the maintenance of the child in issue.
The Applicant’s Case
In her Affidavit in support, the Applicant deposed that she was in relationship
with the Respondent which resulted in the birth of a girl now aged Nine (9) years
old. She deposed further that the Respondent ceased to maintain her when she
took seed but accepted the pregnancy and advised her to give birth. She
continued that after delivery of the baby, the Respondent ignored her and
refused to pay the hospital bills. She deposed further that the Respondent also
refused to maintain the child to the extent that she singlehandedly enrolled the child into school and has been responsible for her school fees up till date
including feeding and all necessaries of life. She however indicated that the
Respondent has only made one payment of the child school fees. She therefore
prays for the following reliefs:
i. An order by the Honorable Court for the Respondent to maintain the child
in issue at Ghc1, 000.00 a month, pay school fees and anything covering
school and all necessaries of life.
ii. An order to pay medical bills not covered by National Health Insurance
Scheme, Register the child with the Scheme and renew it when it expires.
iii. Any other and Order(s) deemed fit by the Honorable Court.
The Respondent’s Case
The Respondent was ordered to file his Affidavit in Opposition but failed to do
so. He however responded to some of the issues raised by the Applicant in open
court.
DETERMINATION
In view of the processes before the court, the main issue for determination is
whether or not the Respondent is entitled to maintain the child in issue. In
making a determination on the issue before the court, the court is guided by
Section 2 (1) of The Children’s Act (1998) Act 560 states that ‘…the best interest of
the child shall be paramount in any matter concerning a child…’ and Section 2 (2) also
provides that ‘…the best interest of the child shall be the primary consideration by any
Court, person, institution or other body in any matter concerned with a child…’.
Analysis
The main issue for determination is whether or not the Respondent is entitled to
maintain the child in issue. It must be emphasized that child maintenance is one
of the fundamental rights granted every Ghanaian child under the customary
and statutory laws of Ghana. Article 28 of the 1992 Constitution which is
sp