MR. ANTHONY VICTOR OBENG
V.
MRS. THERESA H. OBENG

(2013) JELR 64592 (CA)

Court of Appeal 13 Jun 2013 Ghana
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- The case involves a dispute over the financial settlement following the dissolution of a marriage between the petitioner/appellant and the respondent. - The High Court in Accra had ordered the petitioner to pay a lump sum of US$80,000 to

Case Details

Suit Number:SUIT NO.: H1/59/2006
Judges:OWUSU M. J.A. (PRESIDING), ADUAMA OSEI J.A., LOVELACE-JOHNSON J.A.
Counsel:MR. ALEX QUAYNOR FOR PLAINTIFF/APPELLANT,NII AKWEI BRUCE THOMPSON FOR RESPONDENT/RESPONDENT

MARIAMA OWUSU, J.A: On 21-4-2004, the High Court, Accra, after dissolving the marriage between the parties made the following Orders:

“In conclusion and in exercise of this Court’s discretion under S. 20(1) and (2) of the MCA 1971, Act 367, I make the following awards:

1. Petitioner is hereby ordered to make a lump sum payment of US$80,000.00 to the respondent. This may be made in 5 installments.

2. US$5,000.00 or its cedi equivalent to cover cost of legal representation.

3. Cost of One-way Air-ticket from Ghana to US.”

Dissatisfied with the decision of the High Court, the petitioner/appellant appealed to this Court on the following grounds:

a. The judgment is against the weight of evidence.

b. The order that the petitioner must pay to the respondent the lump sum of US$80,000.00 and US$5,000.00 or its equivalent in cedis as costs of legal representation is excessive and constitutes gross miscarriage of justice.

c. That the trial Court failed to take into account as required by Law the materia…

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