Nana Ama Gyinae Vrs Dugbenu [2022] GHADC 45 (24 January 2022)

IN THE FAMILY AND JUVENILE COURT ‘C’ AT THE FORMER COMMERCIAL COURT BUILDING, ACCRA, HELD ON FRIDAY THE 24TH DAY OF JANUARY 2023 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. A6/244/23 APPLICANT NANA AMA GYINAE OFANKOR, ACCRA VS. DUGBENU TESHIE, ACCRA RESPONDENT Parties Present No Legal Representations for Parties. The Applicant on the 12th of April 2022 filed an Application praying for the CONSENT JUDGMENT following reliefs; 1. An order by the court to compel the Respondent to name the Two (2) children in accordance to custom. 2. An order to maintain the Two (2) children at Ghc2,000.00 a month, pay school fees and enroll the 2nd child into school as well as honour everything concerning school and all necessaries of life. 3. An order to pay medical bills not covered by the NHIS and to register the children with the scheme and renew same when they expire. Nana Ama Gyinae vs Derrick Dugbenu 4. An order to rent an alternative accommodation for the Applicant and the children, or renew the existing rent. 5. Any other orders as the necessary court deem fit. The Applicant’s Case The Applicant in her Affidavit in Support deposed that she had a relationship with the Respondent resulting in the birth of Two (2) children. She stated that the Respondent has not been consistent in maintaining the children to the extent that he is yet to set his eyes on the 2nd child who is now about Five (5) months old. She continued that the Respondent has shirked all his responsibilities towards the children, hence the instant Application. The Respondent’s Case The Respondent was ordered to file his Affidavit in Opposition but he failed to do so. DETERMINATION: The matter came up for hearing on the 20th of December, 2022 and the Court referred the parties to the Court Connected Alternative Dispute Resolution (ADR) Centre to attempt an amicable resolution of the Applicant’s reliefs. Following a successful resolution of the dispute, the parties appended their signatures to the Terms of Agreement. Terms of Agreement Before the court is an ADR Terms of Agreement dated 20th December 2022, where the parties agreed on the following: Nana Ama Gyinae vs Derrick Dugbenu 1. Maintenance: That Respondent shall pay monthly maintenance of Four Hundred Ghana Cedis (Ghc400.00) for the child in court on or before the last day of each month effective January 2023. 2. Education: That Respondent shall pay the first child’s school fees, cost of textbooks and exercise books and school feeding fees. That Applicant shall pay for the child’s school uniforms and materials as well as extra classes. 3. Health: That Applicant shall Register the child on the National Health Insurance Scheme (NHIS) and renew same anytime it falls due and the Respondent shall pay medical bills not covered by health Insurance. 4. Accommodation: That Respondent gave One Thousand Ghana Cedis (Ghc1, 000.00) to the Applicant as part payment of One (1) year accommodation cost. The Terms of Agreement however indicated that the parties were unable to agree on the issues of naming of the children of which the Mediator referred the parties back to court for a determination. DECISION: Upon consideration of the Application, the evidence on record, the testimony of the parties and pursuant to the provisions of The Children’s Act, 1998 (Act 560), the court orders as follows; The Respondent is to report at the ADR Centre with at least Two (2) family members on or before the 23rd February 2023 for the naming of both children. The Applicant is to also come along with at least Two (2) members of her family for the said naming to be done. Nana Ama Gyinae vs Derrick Dugbenu BY COURT: The Terms of Agreement dated 20th December 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 and the Orders made in the best interest of the child. ………………………………… H/H HALIMAH EL-ALAWA ABDUL-BAASIT. PRESIDING JUDGE I AGREE I AGREE ………………………………… ……………………….. MADAM VIDA DANQUAH PANEL MEMBER MADAM PHILOMENA SACKEY PANEL MEMBER Nana Ama Gyinae vs Derrick Dugbenu 4