ROLA DIAB v. TAREK DIAB
2016
COURT OF APPEAL
GHANA
CORAM
- HONYENUGA, J.A. (PRESIDING)
- GYAN, J.A.
- SUURBAAREH, J.A.
Areas of Law
- Family Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case involves a dispute over the recognition and enforcement of a foreign Islamic divorce decree in Ghanaian courts following a marital dispute between Lebanese nationals resident in Ghana. The High Court, Sekondi, ruled in favor of the petitioner with respect to maintenance, custody, and other reliefs, rejecting the respondent's reliance on the foreign Islamic court's divorce decree. The appellate court dismissed the appeal by the respondent, affirming that the High Court had jurisdiction and that the foreign judgment was not recognized due to non-compliance with Ghanaian legal provisions and principles of natural justice.
HONYENUGA, J. A.
This appeal touches and concerns marriage under Mohammedan law celebrated by the parties who are Lebanese in Lebanon.
This is an appeal against the Ruling of the High Court, Sekondi dated the 13th day of May, 2015.
The said court delivered its Ruling in favour of the Petitioner/respondent (hereinafter called the respondent) as against the respondent/appellant (hereinafter called the appellant). The facts of this appeal are not disputed.
The parties are Lebanese who have been living in Ghana since 1996 but got married under Mohammed Law in Lebanon.
The marriage was blessed with three children who are minors and the parties have been living peacefully together.
Both parties acquired immovable properties together both in Ghana and their native Lebanon.
The Petitioner travelled to Lebanon to seek medical attention with the consent of the respondent but upon her return he has refused to maintain the Petitioner and has asked her to leave the matrimonial home.
The respondent has been hindering the petitioners access to her children despite all efforts to have the matter settled.
The respondent had relied on a divorce having been decreed by an Islamic Court as the basis of his behavior.
The petitioner, who was left with no other avenue to vent her grievance, issued out a petition pursuant to leave granted by the High Court, Sekondi against the respondent claiming as follows: -a. The respondent be made to maintain the petitioner at GH5, 000.
00 a month to enable the petitioner a housewife maintain herself and her three children.
b. The petitioner be given custody of their children with reasonable access to the respondent.
c. The respondent, his privies, assigns, agents and workmen be restrained from entering the matrimonial home located on the Anita Mensah Avenue, Dixcove Hill, Takoradi.
d. The respondent be restrained from taking the petitioner and/or the children out of the jurisdiction.
e. The respondent be restrained from perpetuating any form of violence against the petitioner.
f. For the respondent to pay the medical bills of the respondent.
g. The respondent be mulcated in cost of the litigation.
h. Any other reliefs that the Honourable Court will deem fit under the Matrimonial Causes Act, (1971) act (sic) 367.
The petitioner filed a motion on notice to restrain the respondent from taking custody of the children, for reasonable maintenance, from taking the children out of the jurisdiction, the payment of her medical bills