CATHERINE SIMMONS
V.
ELOI KOFI MENSAH SIMMONS CROSS

(2013) JELR 69751 (CA)    
Court of Appeal  ·  SUIT NO.: HI/122/201 ·  11 Apr 2013 ·  Ghana
CORAM
ISAAC DUOSE J.A. (PRESIDING), P. K. GYAESAYOR J.A., MARGARET WELBOURNE (MRS) J.A.
Core Terms Beta
parties
respondent
appeal
justice of appeal
trial judge
devolution of property
life time
18th february
22nd february
24th day of june
30th day of october
9th day of march
brief history of the proceedings
case law development
civil appeal no
concluding part of the judgment
considered opinion
court notes
cross petition
decision of the court
details of the discussion
equal access
exceptional cases
following order
general principle
gladys mensah vrs stephen mensah
ground of appeal
humble understanding
isaac lartey-young j.
issue of custody of the children
joint matrimonial property of the parties
jones dotse jsc
latest judgment of the supreme court
law reports probate division
learned trial judge
legal principles
legal process
legal representatives
main relief
only reasonable way
open court
packer v packer
respondent appellant
said properties
separate proposals
supreme court decision
testimony of the petitioner

DUOSE, JA

The decision of the court is unanimous.

A brief history of the proceedings is as follows:

The petition in this matrimonial litigation was filed on 19th December 1994. A cross petition was filed on 30th January 1995. On 18th February 1997 the trial judge made the following order whereby the marriage was formally annulled. She stated "Upon both parties agreeing that the marriage broken down beyond reconciliation and being convinced that it is so it is hereby ordered that the marriage contracted between he[sic] parties in London in 1983 be annulled. The Registrar to draw up the divorce order". The main relief having been obtained the suit proceeded with the testimony of the Petitioner until the 24th day of June 1999. Prior to this day the trial judge had on several occasions encouraged the parties to settle the outstanding anciliary reliefs to no avail. They were namely devolution of property acquired during the subsistence of the marriage and custody of two issues from the marria…

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