GH - TONY LITHUR v. NANA OYE LITHUR

DOTSE, JSC:-

This is an appeal by the Respondent/Respondent/Appellant, hereafter referred to as the Appellant against the decision of the Court of Appeal dated the 3rd day of December, 2019 which decision actually upheld an appeal lodged by the Petitioner/Appellant/Respondent, hereafter referred to as the Respondent against the decision of the High Court, Accra dated 8th February 2019.

PROLOGUE

There is pending between the parties herein a Divorce and Matrimonial cause before the High Court, Accra. That Petition is at the instance of the Respondent herein. Whilst that petition was pending, learned Counsel for the Appellant, at the instance of the Appellant filed an Application on Notice headed as follows:-

“Motion on Notice for Interim Relief Pending Determination of Substantive Matrimonial Cause.”

In view of the antecedents of the matters raised in the record of appeal and in the many depositions contained in the affidavits either in support or in opposition filed by the parties, it is has been considered worthwhile to set out in detail the facts upon which this Appeal, has been premised.

Even though on the surface, the issues to be decided in the appeal are in a narrow compass, the surrounding facts germane to an effective resolution of the case have to be set out in a general context.

FACTS OF THE APPEAL

It is therefore worthwhile to set out in detail the Application for “Interim Relief Pending Determination of Substantive Matrimonial Cause” filed by the Appellant and referred to supra as follows:-

“TAKE NOTICE that this Honourable Court will be moved by Victoria Barth, Counsel for and on behalf of the Respondent/Applicant herein praying this Honorable court for an order ejecting the Petitioner from Plot No. 125, Okyeame Street, New Ogbojo, Accra being the matrimonial home of the parties herein and a further order restraining the Petitioner from entering or going anywhere near the matrimonial home or the person of the Respondent/Applicant, upon the grounds deposed to in the accompanying Affidavit and or any further orders (s) as this Honourable Court may deem fit.”

In order to understand the extent of the strained relations between the parties, it is also necessary to quote in extenso the following depositions contained in paragraphs 51, 52, 55 and 56 of the affidavit of the Appellant in support of the Application for “Interim Reliefs” referred to supra:-

51. “That I therefore pray that this court makes an order to eject the Petitioner from

DOTSE, JSC:-

PROLOGUE

“Motion on Notice for Interim Relief Pending Determination of Substantive Matrimonial Cause.”

FACTS OF THE APPEAL

51. “That I therefore pray that this court makes an order to eject the Petitioner from

TONY LITHUR v. NANA OYE LITHUR

Areas of Law

JUDGMENT