Ratio DecidendiRatio Decidendi


(2000) JELR 63665 (HC)    
High Court  ·  12 Apr 2000 ·  Ghana
Other Citations
[1999-2000] 2 GLR 166

Ratio Decidendi

Core Terms Beta
german court
togolese passport
custody of the child
ivory coast
general damages
resident permit
azu crabbe cj
ghanaian passport
hague convention
plaintiff’s solicitor
statement of defence
abban j
above cases
azu grabbe
capacity of wallace bruce-cathline
case of the plaintiff
child juliana porchia fink
child of the marriage
court order
court orders
critical issue
custody aspect of their divorce proceedings
defence counsel
defendant’s nationality
defendant’s togolese passport
different approach
ex parte braun
foreign judgments
german national
grant of a german resident permit
happiness of the infant
interim order
international conventions
next legal issue
phone call
place of residence of the child juliana fink
plaintiff’s lawful attorney
return flight
statement of claim
translated version of the family book
translated version of these court orders
unlawful abduction of the child
youth welfare office


The parties herein were a married couple. They were lawfully married on 14 July 1991 in Denmark. The couple had one child Juliana Porchia Fink, born on 17 November 1991. The family lived together in Germany, the plaintiff being a German national.

On 9 February 1996 the marriage between the parties was dissolved. It is the case of the plaintiff that when he met the defendant she made him understand she was a Togolese and had a Togolese passport. Her name in the Togolese passport is Mabel Houedakor; her date of birth is 15 December 1966 and her place of birth is Aneho. After their marriage the defendant regularized her stay in Germany. In the application for resident permit in Germany, the defendant gave the following particulars of herself: Surname: Fink; maiden name: Houedakor; first name: Mabel. The date and place of birth were as in her Togolese passport. The name of her parents she gave as follows: Father: Houedakor Tetevi Michael; mother: Houedakor Josephine.

Upon the gran…

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