Ratio DecidendiRatio DecidendiRatio Decidendi



SADIA SALIFU
V.
ALHAJI MUNTARU SOFO

(2018) JELR 69811 (CA)    
Court of Appeal  ·  SUIT NO. H1/12/2017 ·  28 Feb 2018 ·  Ghana
CORAM
OFOE J.A. (PRESIDING), DORDZIE J.A., TORKORNOO (MRS) J. A.

Ratio Decidendi

Core Terms Beta
appellant
marriage
financial provision
order
parties
trial judge
appellant gh
good conscience
grounds of appeal
learned trial judge
requirements of justice
appellant financial provision
appellant’s room
appropriate relief
present case
punitive damages
relevant provision
respondent’s house
time of the divorce
adequate financial provision
appellant’s personal belongings
award of financial support
awards
court of appeal rules
courts act
divorce period
end of the trial
equity of its award
following grounds
following reliefs
general damage
general presumption of the law
immovable property
judgment of the trial court
marriage unit
matrimonial causes act
part of financial provision
personal things
proper dissolution of the marriage
property settlement
provisions of section
quantum of award
reasonable time
record of appeal
relative financial positions of the parties
right principle
said room
submissions of counsels
tv set
way of financial provision

TORKORNOO (MRS), J.A.

The parties were married in June 2013 and cohabited in the Respondent’s house until January 2015 when they were divorced through mallams. According to Appellant, the parties were informed by the mallams that she was allowed under Islam to remain in the former husband’s house for three months after the divorce and be maintained by him during that period. In March 2015, the Appellant returned from town and discovered the door to the verandah leading to her room locked with a different padlock.

She could not get access to her room, her personal things and items provided for her use during marriage such as beddings, furniture, wardrobe, TV and a fridge. Her case also was that Respondent failed to maintain her over the three month post-divorce period as was her entitlement in Islam.

She therefore sued the Respondent seeking the following reliefs:

1. An order directing the Defendant to remove his padlock to enable Plaintiff to get access to her room.

2. Recovery from the De…

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