PAULINA WILLIAMS (MRS.) v. JOE WILLIAMS

OFOE J.A:

Ninash, a business enterprise registered by the Petitioner, started as an Enterprise in 1992 and eventually registered as a Limited Liability Company in 1994. The company, with the petitioner as the sole shareholder, has been trading in Synthetic hair products. In 1996, specifically the 9th of May, the petitioner got married to the respondent. The establishment of Ninash therefore predated the marriage of the parties. The record of appeal however discloses that the parties before their marriage were in concubinage and engagement since 1993 until this date 1996 when they had their Ordinance marriage. What was to bring this marriage into fruition was their first meeting in February 1993 at the Trade fair where the petitioner was then exhibiting her wares, and the respondent was driving a media company to the fair. In the course of this relationship there was the agreement by the parties for the respondent to go to Japan, using the petitioner’s Company name Ninash for the Visa, to seek for greener pastures. According to the petitioner it was when the respondent was in Japan that their engagement took place.

On the invitation of the petitioner, the respondent returned to Ghana in 1995 to assist in running Ninash Co. Ltd

Around 1995, it appears there was in existence another company, Shimco, established by the petitioner which was dealing in the import of Mosquito Coil. As between the parties there is a dispute as to who was in charge of this business and who caused its collapse. But in this appeal what we have been called upon to determine hasn’t much to do with this Mosquito Coil Company.

The petitioner started as a hair dresser and selling hair piece in New Town in the name of Ninash Enterprise. The business expanded and relocated at Osu Ako Adjei and then to Tema, a full grown factory. One would have thought that with this positive development in the fortunes of the Company the parties would have had a peaceful and joyous marriage relationship, but that was not to be. The marriage started deteriorating and this was somewhere in the year 2000. Unfortunately, the marriage could not be salvaged and the petitioner sought for divorce and was granted by the trial High Court. In addition the trial High Court granted the respondent a cross petition settling H/No. C92/22, 36 Abofu Road, Achimota, Accra on the respondent. It is this grant of the cross petition which is the subject matter of the appeal.

The sole ground of appeal states as follows:

“(1)