Kaku Vrs Ackah [2022] GHADC 334 (13 July 2022)

IN THE DISTRICT MAGISTRATE COURT HELD AT HALF ASSINI ON WEDNESDAY, THE 13THDAY OF JULY,2022. BEFORE HIS WORSHIP WILLIAM OFORI- ABOAGYE (THE DISTRICTMAGISTRATE) SUIT No. A4/32/22 FREDERICK NYAMEKYE NUNGU KAKU PLAINTIFF VRS RUTH ACKAH DEFENDANT JUDGEMENT By Court: The Husband Petitioner issued this Petition against his wife, the Respondent seeking the following relief: 1. That the marriage be dissolved. The ground upon which the Petitioner issued the Petition that, the Petitioner and the Respondent had not lived as man and wife for the past three (3) years. That there had been various disagreements between them for some time now and all efforts to reconcile them by family and friends had proved futile. Thus in his opinion the marriage has broken down beyond reconciliation and should be dissolved. The Respondent after she was served with the Petition which was filed on behalf of the Petitioner by his lawful attorney, also filed her Answer per her Lawful Attorney, denying the allegation that the Petitioner had tried on two occasion to send the Respondent to Italy without success. However, she cross-petitioned for dissolution of the marriage as same is broken-down beyond reconciliation and as financial provision and settlement demanded that GH¢15,000.00 be paid to her by the Petitioner. EVIDENCE: In support of his case, the petitioner tendered Exhibit “A” which is a power of Attorney given by the Petitioner authorizing the Donee to institute and prosecute this action on his behalf and Exhibit “B” series which are copies of documents presented to the Italian Embassy in Accra as part of the efforts by the Petitioner to secure Italian visa for the Respondent, to join him in Europe. On the part of the Respondent and in support of her case she tendered Exhibit“1” which is a receipt of remittance from the Petitioner to the Respondent as far back as 2018. Again she tendered Exhibit ‘2a’Power of Attorney she granted to her lawful attorney to defend this action on her behalf and finally is Exhibit ‘3’ a copy of the marriage certificate No. MC/15/2017. Under the law the sole ground for an order for the dissolution of marriage is that, the marriage has broken down beyond reconciliation. It is required of the Petitioner that he proves at least one of the facts set out under section 2 of the Matrimonial Cause Act, 1971(Act 367). One of these facts is that the parties have not lived as man and wife for a period of not less than two years prior to instituting the action or that upon and after diligent efforts the parties have been unable to reconcile their differences. Having heard the parties through their attorneys it is clear that the parties have been unable to reconcile their differences after diligent efforts. The various interventions by family and friends to reconcile them yielded no positive results. I am therefore satisfied that the marriage has broken down beyond reconciliation. It is hereby accordingly decreed that, the marriage contracted by the parties on 9thJanuary, 2017, be and is hereby dissolved. Now with regards to the prayer for settlement of GH¢15,000.00 on the Respondent by the Petitioner, the Court is of the opinion that there is evidence on record to shows that there is no issue between the parties, the Petitioner made unsuccessful attempts to secure visa for the Respondent to enable her to join him in Italy. There is equally the evidence that the Petitioner stopped remitting the Respondent as far back as 2018. I the opinion of the court, an amount of GH¢6,000.00be paid as financial settlement by the Petitioner. The reason advanced for arriving at the amount of GH¢6,000.00 settlement are that there is no issue between them to be cared for. Secondly, the Respondent and the Petitioner had been separated for the past five years or more with each of them living their independent lives. Finally, the respondent is around 27 years, still in her prime years and economically has more years to develop herself than the Petitioner all things being equal. For the foregoing reasons, the court is of the view that the amount of GH¢6,000.00 is fair and reasonable. After taking all the circumstances of the case into account, it is my considered opinion that an amount of GH¢6,000.00 be paid to the Respondent by the Petitioner as financial settlement. ORDERS The Respondent is hereby ordered to deliver up the Marriage Certificate No. MC/15/2017 to the Court for cancellation within one month. The Petitioner is order to pay the said amount to the Respondent within 2 months from the date of this Judgment. There is no order as to costs. (SGD) H/W. WILLIAM OFORI-ABOAGYE (MAGISTRATE) 13 – 07 - 22