REV. KINGSFORD KWEKU WILLIAMS VS MRS. VIVIAN LEBENE WILLIAMS
October 13, 2022
CIRCUIT COURT
GHANA
CORAM
- H/H ADELAIDE ABUI KEDDEY CIRCUIT COURT JUDGE
Areas of Law
- Family Law
- Evidence Law
- Civil Procedure
October 13, 2022
CIRCUIT COURT
GHANA
CORAM
AI Generated Summary
H/H Adelaide Abui Keddey of the Circuit Court adjudicated a matrimonial dispute between spouses married under the Marriage Ordinance at Global Evangelical Church, Community 4, Tema, who later lived at Parakuo Estate on Accra’s Spintex Road and have three adult sons: Prince Andrew Williams, Duke Joel Williams, and Earl Philip Williams. The Petitioner alleged disrespect, insults, and a demand to use condoms, and left the matrimonial home in January 2009. The court found that the parties have lived apart since 2009 and had no sexual relations for about fifteen years. Applying Act 367 and the objective test for unreasonable behavior, the court rejected Respondent’s adultery allegations and was satisfied that Section 2(1)(b), (d), (e), and (f) were met, demonstrating irretrievable breakdown. Respondent’s claims to property division failed due to inadequate proof of valid or operational assets. The court ordered dissolution, awarded GHC 15,000 in financial settlement to Respondent, made no property settlement, and granted costs of GHC 5,000 to Respondent.
The Petitioner filed the instant Petition on seeking the following reliefs:
a) An order for the dissolution of the marriage between the parties
b) An order for each of the parties to bear the cost of the suit
Parties were married under the Marriage Ordinance at the Global Evangelical Church at Community 4, Tema on 21st October, 1992. Thereafter, parties cohabited at Parakuo Estate on the Spintex Road in Accra. Parties have three (3) issues namely Prince Andrew Williams (27years), Duke Joel Williams (24years) and Earl Philip Williams (20years).
PETITIONER’S CASE
It is the Petitioner’s case that the marriage has broken down beyond reconciliation because the Respondent has no respect for him and often heaps insults on him without just cause and sometimes humiliates him in front of third parties. Also, petitioner testified that despite denying many accusations of adultery, the Respondent later in the marriage demanded that he uses condoms before he could have sex with her and the refusal to comply with the demand of Respondent drove the parties apart. Subsequently, the Petitioner initiated divorce proceedings in 2008, filed a Notice of Discontinuance on 23rd August, 2010 and then filed a Notice of Intention to Proceed on 11th March, 2021.
RESPONDENT’S CASE
Respondent denied Petitioners accusation of raining insults on him and stated that the Petitioner has rather behaved unreasonably by refusing to repay the money she loaned to him for her customary marriage ceremony and failing to maintain her in the course of the marriage. It is the case of the Respondent that the Petitioner committed adultery with several other women causing her much anxiety, stress and embarrassment and for that reason she finds it intolerable to live with him.
Respondent denied informing Petitioner that she only enjoyed sex when she thought of her ex-boyfriend and stated that it was rather the Petitioner who mentioned that he was not sexually attracted to her and that he could not get an erection when the parties were together for the same reason. Then again, Respondent testified that the Petitioner deserted her for thirteen years and added that the parties have not lived together for a continuous period of at least five (5) years.
The Respondent per her amended Answer and Cross-Petition dated 7th December, 2021 pursuant to leave granted by the Court on 26th November, 2021 prayed for the following reliefs.
a) An order for the dissolution of the marriage contracted between the pa