Esther Armah Vrs Grant Armah [2022] GHADC 40 (15 November 2022)

IN THE FAMILY AND JUVENILE COURT ‘C’ AT THE FORMER COMMERCIAL COURT BUILDING, ACCRA, HELD ON TUESDAY, THE 15TH DAY OF NOVEMBER 2022 BEFORE HER HONOUR HALIMAH EL-ALAWA ABDUL-BAASIT SITTING AS AN ADDITIONAL MAGISTRATE WITH MADAM PHILOMENA SACKEY AND MADAM VIDA DANQUAH AS PANEL MEMBERS SUIT NO. A6/112/22 APPLICANT ESTHER ARMAH KANESHIE, ACCRA VS. GRANT ARMAH NORTH KANESHIE, ACCRA RESPONDENT Parties Present No Legal Representations for Parties. CONSENT JUDGMENT The Applicant on the 7th of September 2022, the Applicant filed an Application praying for the following reliefs; 1. An Order by the Court for the Respondent to maintain his two (2) biological children at Ghc1, 000.00, pay school fees and anything connected to school and a further order to reimburse the Respondent with the arrears of the school, hostel fees, maintenance arrears and anything related to school. 2. An Order to pay medical bills not covered by the NHIS, register the children with the scheme and renew same when it expires. Esther Armah vs Grant Armah 3. An Order to rent a decent and alternative accommodation for the Respondent and children. 4. Any other Order(s) deemed fit by the Honorable Court. The Applicant’s Case The basis of this Application as deposed by the Applicant in her Affidavit in Support is that she was married to the Respondent and gave birth to Two (2) children but the marriage has since been dissolved at custom. She deposed further that she subsequently left the matrimonial home with the children but the Respondent has not been maintaining the children adequately as she has been solely responsible for the children’s expenses including school fees, medical bills and maintenance. She continued that most of the time she has to rely on a Credit Union of her church for financial assistance to sustain and maintain the children. The Respondent case The Respondent filed his Affidavit in opposition on 12th of October 2022 and admitted being married to the Applicant but stated that the Applicant willingly presented the drinks for the dissolution of their marriage. He deposed that he has been maintaining the children adequately including medicals as whenever any of them falls sick, he takes them to a medical facility at the National Intelligence Bureau (NIB) for treatment. He deposed further that whenever he gives the Applicant money for their upkeep, she rejects and returns the money with the explanation that she is capable of maintaining and catering for the children. He indicated that he cannot afford Ghc1, 000.00 a month because he earns Ghc1, 000.00 monthly and has been relying on loans to maintain them and pay for their fees. He concluded by stating that he has Four (4) other children in Esther Armah vs Grant Armah addition to the Two (2) children in issue and therefore pleaded with the court for an order to grant him custody of the children as they are both now old enough. DETERMINATION The matter came up for hearing on the 13th of October 2022 and the court observed that the parties were amenable to settlement. The court therefore referred them to the court connected Alternative Dispute Resolution (ADR) Centre to attempt an amicable resolution of their dispute and same was successful as evidenced by the Terms of Agreement placed on the docket. Terms of Settlement Before the court is an ADR Terms of Agreement dated 13th October 2022, where the parties agreed on the following: 1. Custody: That the Applicant shall have custody of the children. 2. Access: That the Respondent shall have access to the children on weekends when he is off duty. 3. Education: That the Respondent shall pay the children’s school fees and anything that concern their education. 4. Health: That the Respondent shall renew the children’s Health Insurance under the National Health Insurance Scheme (NHIS) anytime it falls due and pay the medical bills not covered by Health Insurance. The Terms of Agreement however indicated that the parties were unable to agree on the issues of Maintenance, Accommodation as well as Hostel and School Fees arrears of which the Mediator referred the parties back to court for a determination. Esther Armah vs Grant Armah DECISION: Upon consideration of the Application, the evidence on record, the testimony of the parties, the testimony of the children and pursuant to the provisions of The Children’s Act, 1998 (Act 560), the court orders as follows; A) The Respondent is to pay an amount of Five Hundred Ghana Cedis (Ghc500.00) monthly towards the maintenance of the children and same is to be paid into court within the first week of every month effective from December 2022. B) Both parties are to share the cost of accommodation shall equally on a 50- 50 basis. C) The arrears of school fees and hostel fees should be shared equally on a 50-50 basis and the Respondent is to pay off all his portion of the arrears on or before the last day of February 2023. BY COURT: The Terms of Agreement dated 6th October 2022, signed by both parties before the Mediator; MADAM DORIS KOTEY and confirmed by both parties is hereby adopted and entered as Consent Judgment. The parties shall do well to abide by the Terms so agreed in the best interest of the children. ………………………………… H/H HALIMAH EL-ALAWA ABDUL-BAASIT. PRESIDING JUDGE Esther Armah vs Grant Armah I AGREE I AGREE ………………………………… ……………………….. MADAM VIDA DANQUAH SACKEY PANEL MEMBER MADAM PHILOMENA PANEL MEMBER Esther Armah vs Grant Armah 5