STELLA AFFUM VRS. RICHARD DAMASIO (A6/677/2016) [2022] GHADC 369 (17 October 2022)

IN THE FAMILY AND JUVENILE COURT ‘B’ AT THE FORMER COMMERCIAL COURT BUILDING, ACCRA, HELD ON MONDAY THE 17TH OCTOBER 2022, BEFORE HER HONOUR MRS. MATILDA RIBEIRO SITTING AS AN ADDITIONAL MAGISTRATE WITH MADAM FELICIA COFIE AND MR. RICHARD TEGBEY AS PANEL MEMBERS. STELLA AFFUM .. .. APPLICANT SUIT NO. A6/677/2016 VS. RICHARD DAMASIO .. .. RESPONDENT --------------------------------------------------------------------------------------------------------------------- Time: 8:50am Parties: present No legal representation for both parties RULING Applicant on 29th June 2022 filed a motion for relistment of suit for further hearing for Respondent to reimburse her with school fees bills and maintenance fees arrears upon grounds contained in her Affidavit in Support of her application. She alleged the arrears resulted from Respondent’s failure to comply with the orders of this court. Respondent on the other hand admitted owing maintenance fees from September 2021 to April 2022 and not the 2019 to 2021 as alleged by Applicant. He also prayed for Custody of the children. To assist the court in its determination of the matter, the court ordered for a Social Enquiry Report and also for account reconciliation to confirm Respondent’s indebtedness. The statement of account shows that respondent is owing maintenance fees and school fees arrears of about GH¢10,490.00 as at August 2022. The Social Enquiry Report submitted to the court today also confirmed that Respondent has failed to adequately maintain the issues. Respondent is reported to have said that he failed or refused to pay maintenance because Applicant denied him access to the issues. Applicant is also reported to have said that the children have not gone to Respondent for some time now because there is no one there to care for them. The court having considered the Social Enquiry Report, the evidence on the record, the law on custody as espoused under Section 45 of the Children’s Act 1998, (Act 560) sees no reason to vary custody as prayed for by Respondent. Though it is wrong for applicant to have allegedly denied Respondent access to the issues, that does not justify his failure and refusal to pay the maintenance and school fees ordered by the Court as same is not in the best interest of the two children in issue. Falling on the shoulders of the equity maxim which says he who comes to equity must come with clean hands and also Section 2 of Act 560, Respondent’s prayer for custody of the two issues is hereby refused. The Social Enquiry Report shows that the interest of the issues has been ensured by Applicant rather than Respondent. Respondent is given four months to pay the Judgement Debt of GH¢10,490.00 owed over the period January 2021 to August 2022. He shall defray same in four monthly equal instalments of GH¢2,622.50 monthly effective October 2022 to January 2023. This shall run alongside current maintenance obligations under the Judgement of this court. Failing which the court will not hesitate to refer him for criminal prosecution under Section 59 (b) and 15 of Act 560. H/H MATILDA RIBEIRO (MRS.) (CIRCUIT COURT JUDGE) 3