(1962) JELR 65341 (HC)    
High Court  ·  15 Feb 1962 ·  Ghana
Core Terms Beta
learned circuit judge
circuit court
future maintenance
english law
legal custody
application of the rules of such law
award of maintenance
courts act
customary wife of the defendant
decision of the high court
defendant appeals
defendant’s claim
dissolution of the marriage
english matrimonial relief
father of her children
ground of appeal fails
harmonious relationship
incidents of english law
interesting argument
large measure
man of means
marriage of the parties
mr. aboagye
native custom
nature of a debt
normal cases
obligations of persons
only real issue
order of legal custody
ordinary contract debt
parental responsibility
principle of native customary law
provisions of the marriage ordinance
researches of counsel
responsibility of kofi tome
second ground of appeal
serious argument
such unions
support of this argument counsel
true sense
valid maintenance order
very nature of things

APALOO, J.: The plaintiff was the customary wife of the defendant. She bore him five children whose maintenance and education are the subject-matter of this action. The parties were divorced about four years before the action and lived separate and apart. All the children lived with their mother, the plaintiff. The latter’s complaint is that since the dissolution of the marriage, the defendant shirked his parental responsibility as father of her children and provided no money either for their education or maintenance. The sums which she said she spent in the past she claims in the present suit as debt and also sought an order against the defendant for future maintenance. The learned circuit judge found in her favour on both issues and rejected the defendant’s claim that he had in fact provided for these children.

The defendant appeals against that judgment to this court on many grounds. I had the benefit of listening to a very able and interesting argument urged on his behalf by Mr. Ab…

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