RUBY ESI DEDE AGBOTTAH VS FRANKLIN NII ANYETEI AKO
October 21, 2022
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE CYNTHIA WIREDU (MRS.)
Areas of Law
- Family Law
- Civil Procedure
October 21, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
In the Ghana High Court, Her Ladyship Justice Cynthia Wiredu (Mrs.) dissolved the marriage between the Petitioner and Respondent under Section 2 of the Matrimonial Causes Act after considering the petition, answer, and the evidence. The Court cancelled the marriage certificate with Licence Number TMA/RM/0756/2008 and adopted the parties July 22, 2022 terms of settlement as part of its judgment. The terms grant the Petitioner custody of the four children Jedidah Ako (11), Eliel Ako (9), Kadmiel Ako (7), and Hanniel Ako (5) and provide the Respondent reasonable access every other weekend, with defined pickup and return times. The Respondent must personally collect and protect the children, not leave them with others due to a prior incident at his parents house, and pay GH1,000 monthly maintenance while covering school and medical expenses. The agreement includes mutual releases, confidentiality, Ghanaian governing law, and cost provisions; the Court made no order as to costs.
I have considered the petition as well as the answer. I have evaluated the evidence on record and I am of the view that the marriage between the parties has broken down beyond reconciliation as per Section 2 of the Matrimonial Causes Act and same is hereby dissolved.
Marriage certificate with Licence Number TMA/RM/0756/2008 is hereby cancelled.
The terms of settlement filed by the parties on the 22nd day of July, 2022 is hereby adopted as part of the judgment of the court. The terms are as follows:
The marriage between the parties be dissolved.
The Petitioner be granted custody of the Four (4) children namely; Jedidah Ako (11 years), Eliel Ako (9 years), Kadmiel Ako (7 years) and Hanniel Ako (5 years), with reasonable access to the Respondent every other weekend beginning with the first weekend immediately after the adoption of these terms by the Court.
The Petitioner shall ensure that all the Four (4) children are available to the Respondent to pick from the gate to her residence every other weekend that the Respondent is to have access to them.
The Respondent shall pick the children himself and be available to protect the children any time the Respondent comes for them.
The Petitioner and the Respondent shall take immediate steps (within 14 days) to show each other where they reside anytime there is a change in their places of residence.
Weekend in this Agreement means from Friday, immediately after close of the respective children from school to Sunday at 4:00pm and where the children are on holidays or vacation, Fridays at 2:00pm to Sundays at 4:00pm.
The Respondent shall pick the children from school at the weekends when the Respondent will be available in town with the children at the weekends but not to leave the children with any other person because of the previous incident which happened in the Respondent's parents’ house.
The Respondent will bear the cost of maintenance of all the Four (4) children by paying to the Petitioner One Thousand Ghana Cedis (GH¢1,000.00) at the end of every month.
Pay the school fees, buy books, sew school uniforms, pay hospital bills as and when the need arises.
Each party bears their respective cost of the instant Petition.
2. GENERAL
2.1. Waiver
The rights arising under, or in connection with this Agreement shall not be waived in any manner except as expressly provided in this Agreement which also include rights provided by law.
2.2. Variation
No variation of this Agr