Collison Vrs Mensah [2022] GHADC 192 (14 November 2022)

IN THE FAMILY AND JUVENILE COURT ‘B’, FORMER COMMERCIAL COURT BUILDING-ACCRA, HELD ON MONDAY THE 14TH DAY OF NOVEMBER, 2022. BEFORE HER HONOUR MRS. MATILDA RIBEIRO SITTING AS AN ADDITIONAL MAGISTRATE WITH MADAM FELICIA COFIE AND MR. RICHARD TEGBEY AS PANEL MEMBERS. _____________________________________________________________________ SUIT NO: A6/165/2023 MERCY KORDEI COLLISON … … APPLICANT OF AWUDOME – ESTATES ACCRA VRS: PETER MENSAH … … RESPONDENT OF SWANLAKE – NORTH KANESHIE AC CRA _____________________________________________________________________ Time: 9:15 am. Parties: Present. JUDGMENT The parties were married and were blessed with two issues by name NANA ADJEI MENSAH aged 15 years and NANA ASANTEWAA MENSAH aged 8 years. Applicant’s case as contained in her Affidavit in Support of her Maintenance Application filed on the 10th day of October 2022 is that she and Respondent were married under customary law but have been separated for some years now (after the birth of the second issue). She said when the second child was about a year old (about seven years ago), she lodged a complaint at Legal 1 | P a g e Aid and upon deliberations, Respondent agreed to maintain the issues with GHC150.00 a month. That Respondent maintained the issues and paid their school fees for about two and a half years and stopped. The Applicant alleges that the Respondent has since refused to maintain the children. She said she has been solely responsible for the issues educational expenses, medicals, maintenance and all other necessaries of life. She therefore prayed for the understated reliefs as endorsed on the Affidavit in Support of her Application. 1. An order directed at the Respondent to maintain the two children at GH¢2,000.00. 2. An order for the Respondent to pay the school fees of the children and other things connected to school. 3. An order for the Respondent to see to the medical needs of the children. 4. An order for the Respondent to provide a decent accommodation for the Applicant and children. Respondent on the other hand did not file any response but indicated in Court during proceeding on the 24th day October 2022 when the parties first appeared before the Court that he admits Applicant’s claim for accommodation, school fees and medical needs. For the monthly maintenance claim of GHC2,000.00, he said it was too high he cannot afford. He proposed to pay GHC500.00 for the two issues. The parries were then referred to ADR (Alternative Dispute Resolution to attempt amicable settlement of the matter in the best interest of the two issues. The parties were able to agree on all issues in controversy with the help of the mediator except for accommodation. Before the Court is an ADR Terms of Agreement dated 24th October, 2022 containing the following agreements reached between the parties as evidenced by their signatures. Custody: That Applicant shall have custody of the children. Access: That Respondent shall have access to the children on weekends when he is free. 2 | P a g e Education: That Respondent shall pay the children’s school fees, cost of textbooks and exercise books and school feeding fees. That Applicant shall pay for the children’s school uniforms and materials as well as extra classes. Health: That Applicant shall renew the children’s health insurance any time it falls due. That Respondent shall pay medical bills not covered by health insurance. Maintenance: That Respondent shall pay monthly maintenance of One Thousand Ghana Cedis (GH¢1,000.00) for the children in Court, on or before the last day of each month effective November, 2022. The above ADR Terms of Agreement executed by the parties on 24th October, 2022 is adopted by the Court as part of its judgment. On accommodation, which was referred back to Court for determination, Applicant’s prayer before the Court is for Respondent to provide a decent accommodation for Applicant and the children. To this prayer, Respondent proposed that they share the cost of accommodation equally, but Applicant was not agreeable to same. She counter proposed a sharing ratio of 3:7 where she will bear 30% of the cost whilst Respondent takes up 70%. Otherwise, if Respondent insists on a 50:50 share, then they should calculate for Respondent to pay for his share for the past ten (10) years that she solely bore the cost of accommodation. Applicant and the issues currently occupy a chamber and hall facility at Buabuashie in Accra at a monthly rent of GHC300.00. Applicant is a hairdresser and owns her own shop. She lamented that business has not been good in the past one year and that she makes between GHC150.00 to GHC 200.00 weekly. Respondent is a Graphic Designer and has his own shop. The Court upon hearing the parties herein and having also considered the fact that Respondent is the one taking up all educational responsibilities including school feeding fees in addition to monthly maintenance of GHC1,000.00 under the ADR Terms of Agreement, hereby orders the parties to share the cost of accommodation equally for the benefit and best interest of the two issues. This is because both parties have a duty to provide not only maintenance but also, educational, medical and adequate shelter for the issues under section 47 of the Children’s Act 1998 (Act 560). The circumstances and the relative means of the parties, the needs and rights of the children under the Children’s Act and the 3 | P a g e 1992 Constitution and the cost of living in Accra have all been taken into consideration by the Court in making this order as provided under section 49 of Act 560. And this the court deems to be in the best interest of the issues herein (see section 2 of Act 560). H/H MATILDA RIBEIRO (MRS) CIRCUIT COURT JUDGE 4 | P a g e