(1980) JELR 69838 (HC)    
High Court  ·  28 Apr 1980 ·  Ghana
Other Citations
[1980] GLR 583
Core Terms Beta
matrimonial home
lump sum
financial provision
wachtel v
english law
matrimonial causes act
lump sum payment
mr. moore
benefit of the family
court of appeal
financial resources
joint lives
property act
rules of court
total income
welfare of the family
wife’s contribution
adequate financial provision
adequate property settlement
applicable law
cecilia koranteng-addow j.
continued struggle
english divorce reform act
exceptional cases
force of the act
foregoing provisions of this section
general power
house no. f.
house no. f.539
issues of the marriage
joint use
means of the parties
occupation of the matrimonial home
passing of our matrimonial causes act
possession of this house
property value
registrar of this court
rev. carl henry clerk
such proceedings
sums of money
supreme court
years of age

CECILIA KORANTENG-ADDOW J.: The petitioner, Rev. Carl Henry Clerk, and the respondent, Martha Ayerkor Clerk, were married on 6 June 1929. The respondent was then a girl of eighteen years of age. The petitioner was a teacher, but in the course of time he rose to become a minister of the Presbyterian Church and subsequently a Synod Clerk, a post from which he retired. There are five issues of the marriage—all adults now; the youngest, Henry Daniel, is about 32 years old. Since 1962 the couple have lived apart. In 1964 the petitioner sought divorce, but the petition was not granted. In July 1971 fresh divorce petition was presented by the petitioner and by that prayer the marriage was dissolved on 30 April 1973 on the ground that the marriage had broken down irretrievably. The respondent appealed against the order for a decree nisi and the decree absolute. By its judgment dated 28 November 1975, the Court of Appeal dismissed the appeal: see Clerk v. Clerk [1976] 1 G.L.R. 123, C.A.

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