PATRICK ADDAE v. ANGELA ADDAE
2015
COURT OF APPEAL
GHANA
CORAM
- M. OWUSU, (J.A.) - PRESIDING
- DORDZIE, (J.A.)
- MENSAH, (J.A
Areas of Law
- Family Law
- Evidence Law
- Constitutional Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
On 18-1-2010, the High court, Accra dissolved a marriage and granted custody of the children to the petitioner along with a financial settlement to the respondent. The respondent appealed on grounds of custody decisions, alimony, and property distribution. The appellate court adjusted the custody arrangement to allow more access to the respondent, increased the financial settlement, and awarded the respondent a house instead of temporary accommodation. The court anchored its decisions on principles of fair distribution of marital assets, the best interest of the children, and equitable judicial discretion in financial settlements.
MARIAMA OWUSU, J.A.:
On 18-1-2010, the High court, Accra dissolved the marriage between the parties celebrated under the Ordinance on the 14-1-1995 as having broken down beyond reconciliation.
The trial court then made the following consequential orders:
“I find that the children of the marriage are attached to their father, the petitioner. I grant custody of the children of the marriage to the petitioner. I have made this custody order in favour of the petitioner because of the evidence and the fact that I have had the opportunity to talk to the boys.
The respondent is to have access to the children once a week on Sundays between the hours of 3:00pm to 6:00pm. I make an Order that the petitioner provides the respondent with residential accommodation for two years from the date of this judgment.
I further Order that the petitioner gives to the respondent financial settlement of Gh¢3,000.00. This Order I make because I had the opportunity to examine the pay slips of the petitioner with the very active involvement of the respondent.
I think it will be fair and proper for the petitioner to settle on the respondent two (2) of the vehicles of the household. And I also Order these vehicles should be a 207 Benz bus and one VW saloon car.
No Order as to costs.”
Dissatisfied with the decision of the trial court, respondent appealed to the Court of Appeal on the following grounds:
i. That the judgment of the court is against the weight of the evidence.
ii. That the trial Judge erred in law when he relied on the evidence of the children of the marriage in his judgment without same being cross examined by counsel for the respondent/appellant.
iii. That the trial Judge erred in law when he failed to consider the entire household income in the award of alimony.
iv. Further grounds of appeal will be filled upon receipt of the record of proceedings.
The relief sought from the Court of Appeal is for an Order setting aside the judgment complained of.
On 10th day of June, 2013, this court differently constituted granted the respondent leave to file additional grounds of appeal. They are:
1. The trial Judge failed to take into consideration as required by law the material factors of the respondent/appellant circumstances that she is entitled to an equal (half and half) distribution of the properties acquired during the subsistence of the marriage.
2. The award of financial settlement of three thousand Ghana cedis (GH¢3,000.00) is abysmally too low as the tri