Rubina Lomo Vrs Kingsley Ofori [2022] GHADC 25 (16 November 2022)

IN THE FAMILY AND JUVENILE COURT ‘C’ AT THE FORMER COMMERCIAL COURT BUILDING, ACCRA, HELD ON WEDNESDAY, THE 16TH DAY OF NOVEMBER 2022 BEFORE HER HONOUR HALIMAH EL-ALAWA ABDUL-BAASIT SITTING AS AN ADDITIONAL MAGISTRATE WITH MADAM FELICIA COFIE AND MR. WISDOM ATIASE AS PANEL MEMBERS SUIT NO. A6/417/20 APPLICANT RUBINA LOMO LA, ACCRA VS. KINGSLEY OFORI ABLEKUMA, ACCRA RESPONDENT Parties Present No Legal Representations for Parties. RULING The Applicant on the 21st of February 2020, the Applicant filed an Application praying for the following reliefs; 1. An Order by the Honourable Court for the Applicant to be granted lawful custody of the child. 2. An Order for the Respondent to maintain the child with an amount of Ghc500.00 monthly. 3. An Order for the Respondent to name the child according to custom. 4. An Order for the Respondent to pay medical bills not covered by NHIS and to register the child with same and renew it when it expires. Rubina Lomo vs Kingley Ofori 5. An Order to pay school fees and anything connected to school. 6. An Order by the court for the Respondent to rent alternative accommodation for the Applicant and the child. 7. An Order for the Respondent to refund the medical expenses including ante and post-natal expenses of the Applicant. 8. Any other Order(s) as the Honorable Court may deem fit. The basis of this Application as deposed by the Applicant in her Affidavit in Support is that the parties had a relationship that resulted in the birth of a baby boy. She stated that when she conceived, the Respondent accepted being responsible for the pregnancy and maintained her of only Two (2) months and later relocated to an unknown place. She indicated that the Respondent subsequently refused to name the child up till date although the Respondent’s father used to intermittently remit her. She further stated that when the child was about Three and a half (3½) years old, the Respondent paid for the child’s school enrolment and was subsequently informed that he had travelled out of the jurisdiction but upon his return sent a paltry sum of Sixty Ghana Cedis (Ghc60.00) for the child’s upkeep. The Applicant concluded by stating that the Respondent will not maintain or cater for the child unless compelled by the court to do so. The Respondent’s Case There were Three (3) attempts at serving the Court processes on the Respondent on the 24th, 27th and 4th March respectively by the court Bailiff as shown in the Affidavit of Non-Service dated 5th March 2020 and placed on the docket. The Bailiff indicated that service could not be effected because the Respondent’s mother said that she does not know the whereabouts of the Respondent and Rubina Lomo vs Kingley Ofori when the Respondent was called on phone, he refused to meet at where the Applicant had directed service. DETERMINATION: The matter came up for hearing on the 9th of March 2020 and the court ordered for the Respondent to be served the court processes by substituted service and same was done by posting copies of the processes on the Notice Board of the court and at the Respondent’s front door at Ablekuma as well as served personally on the Respondent’s mother at Ablekuma on the 19th of March 2022. The matter was however adjourned sine die on the 15th of June, 2020 as both parties were absent in court. The Applicant however resuscitated the matter by applying for and issuing Hearing Notice for Service on the Respondent and there was proof of non-service by the Bailiff. The Bailiff stated that on the 19th of October 2022, he could not effect service because he was informed by the Respondent’s mother that the Respondent has travelled. On his second attempt at effecting service on the Respondent, the Bailiff stated that the Respondent refused to meet him at where the Applicant directed service at Ablekuma, Accra. Consequently, the matter came up on the 26th of October 2022 of which after listening to the Applicant, the court again ordered for the court processes to be served on the Respondent by substituted service. An Affidavit of Service dated 10th November 2022 indicated that the Bailiff duly posted the Applicant’s Affidavit in Support, a Hearing Notice, the Maintenance Form as well as the Order for Substituted Service on the Notice Board of the court and on the Respondent’s front door at Ablekuma. Additionally, the processes were served personally through the Respondent’s mother at Ablekuma as well as an Rubina Lomo vs Kingley Ofori electronic service via the WhatsApp Application using the Respondent’s phone number. The court observes that the Respondent has consistently absented himself from the court since the year 2020 despite being aware of the court proceedings as evidenced by the Affidavit of Service. It is therefore evident that the Respondent has elected to ignore all processes so far served on him and it seems to suggest that he does not intend participating in the proceedings. The court will therefore proceed to determine the matter and is guided by the case of Julius Sylvester Bortey Alabi vs Paresh and 2 Ors (2018) GMJL where the learned Judge Bright Mensah J, stated as follows; ‘…ordinarily, where a court has taken a decision without due regard to a party who was absent at a trial because he was unaware of the hearing date that decision is a nullity for lack of jurisdiction on the part of the court. However, where the party affected was sufficiently aware of the hearing date or was sufficiently offered the opportunity to appear but he refused or failed to avail himself the court was entitled to proceed and to determine the case on the basis of the evidence adduced at the trial. DECISION: Upon consideration of the Application and the testimony of the Applicant as well as pursuant to the provisions of The Children’s Act, 1998 (Act 560), the court grants the Application and orders as follows; 1. The Applicant shall have custody of the child and the Respondent shall have reasonable access to the child upon due communication with the Applicant. Rubina Lomo vs Kingley Ofori 2. The Respondent shall maintain the child with an amount of Five Hundred Ghana Cedis (Ghc500.00) monthly and same is to be paid into court within the first week of every month. 3. The Applicant is to register the child on the National Health Insurance Scheme (NHIS) and renew same when it expires. The Respondent shall pay for all medical bills not covered by the NHIS. 4. The Respondent shall be responsible for all the school expenses of the child. 5. The Respondent is to rent a decent and suitable accommodation for the Applicant, and must secure the said accommodation on or before the 31st March 2023. 6. The Respondent is to refund the Applicant’s medical expense including ante and post-natal expenses to the tune of Five Hundred Ghana Cedis (Ghc500.00) on or before the 31st of December, 2022. 7. The Respondent is to perform the naming rites of the child in accordance to custom and shall do so on a date to be agreed to by both parties. ………………………………… H/H HALIMAH EL-ALAWA ABDUL-BAASIT. PRESIDING JUDGE I AGREE Rubina Lomo vs Kingley Ofori I AGREE ………………………………… ……………………….. MADAM FELICIA COFIE PANEL MEMBER MR. WISDOM ATIASE PANEL MEMBER Rubina Lomo vs Kingley Ofori 6