QUEEN AMOAKO-ATTA v. SOLOMON BOAKYE NTI
2023
DISTRICT COURT
GHANA
CORAM
- HER HONOUR HALIMAH EL-ALAWA ABDUL-BAASIT
- MR. RICHARD TEGBEY
- MADAM PHILOMENA SACKEY
Areas of Law
- Family Law
- Human rights Law
2023
DISTRICT COURT
GHANA
CORAM
AI Generated Summary
Applicant, a Ghana Armed Forces military personnel residing at Burma Camp, sought maintenance orders for two minor children (aged five and two) against Respondent, a Ghana National Fire Service officer. She alleged Respondent abandoned the marital home in January 2019 and ceased contributing to the children’s upkeep or knowing their school, requesting GHc1,000 monthly plus school fees and medical costs. Respondent disputed abandonment, claiming Applicant expelled him, blocked communication, and enrolled the children in an unaffordable private school; he offered GHc600 monthly, requested access, and proposed schooling within Burma Camp. Guided by the Children’s Act, 1998 (Act 560), Article 28 of the 1992 Constitution, and the best interests standard, the Family Tribunal fixed maintenance at GHc600 monthly, granted Applicant custody and Respondent fortnightly weekend access, apportioned education and medical expenses, provided alternative school arrangements, and directed Respondent to apply for birth certificates and indicate preferred names, while advising reconciliation.
RULING
This is a Ruling on an Application filed on the 11th of October, 2022 for the
maintenance of the Two (2) children of the parties.
The Applicant’s Case
The Applicant deposed in her Affidavit in support that she is married to the
Respondent and they have Two (2) aged Five (5) and Two (2) years respectively.
The Applicant is a military personnel whilst the Respondent is a Fire Officer and
both used to live as a couple at Burma Camp but the Respondent left home in
January 2019 when the first child was about a year old and she was a month
pregnant with the second child. She deposed further that for the past Three (3) years, the Respondent has not been contributing towards the maintenance of the
children neither does he know the school they attend and all efforts at getting
him to do the needful have been futile. She therefore prays for the following;
1. An Order directed at the Defendant to maintain the children with Ghc1,
000.00 a month.
2. An Order to pay the children’s school fees, medical bills and other
necessaries of life as and when they fall due.
3. Any other Order(s) as the necessary court may deem fit.
The Respondent’s Case
The Respondent in his Affidavit in Opposition filed on the 29th of December 2022
confirmed the marriage with the Applicant and the birth of the children. He
denied vacating the marital home at Burma Camp and stated that it was the
Respondent who put his belongings outside and asked him to leave, of which
she further informed both families that she was no longer interested in the
marriage. He deposed that the Applicant is very violent and has warned him not
to come anywhere close to her and the children. She also blocked all channels of
communication rendering incapable of having access to his children. He deposed
further that the Applicant chose to enroll the children in a school that is beyond
his financial capacity even though there are many schools in Burma Camp. He
prayed for the following reliefs;
1. That he maintains the children with an amount of Ghc600.00 every month.
2. That he enrolls the children in a school that is within his financial capacity.
3. That the Applicant is ordered to grant him access to the children.
4. That the court gives any other order(s) as it may deem fit.
DETERMINATION
In view of the processes before the court, the issues for determination are;
1. Whether or not the maintenance sum should be Ghc1, 000.00 or
Ghc600.00.
2. Whether or not the Respond