TONY LITHUR
V.
NANA OYE LITHUR

(2021) JELR 107286 (SC)

Supreme Court 21 Apr 2021 Ghana
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- The case involves an appeal by the Appellant against the Court of Appeal's decision, which upheld an appeal by the Respondent against the High Court's decision. - The case is centered around a divorce and matrimonial cause, with the Appe

Case Details

Suit Number:CIVIL APPEAL NO. J4/01/2021
Judges:DOTSE, JSC (PRESIDING) PWAMANG, JSC DORDZIE (MRS.), JSC PROF. MENSA-BONSU (MRS.), JSC KULENDI, JSC
Counsel:O.K OSAFO BUABENG ESQ FOR PETITIONER/APPELLANT/RESPONDENT WITH HIM, AGYENIM-AGYEI BOATENG ESQ. VICTORIA BARTH ESQ FOR RESPONDENT/RESPONDENT/APPELLANT.

JUDGMENT

DOTSE, JSC

This is an appeal by the Respondent/Respondent/Appellant, hereafter referred to as the Appellant against the decision of the Court of Appeal dated the 3rd day of December, 2019 which decision actually upheld an appeal lodged by the Petitioner/Appellant/Respondent, hereafter referred to as the Respondent against the decision of the High Court, Accra dated 8th February 2019.

PROLOGUE

There is pending between the parties herein a Divorce and Matrimonial cause before the High Court, Accra. That Petition is at the instance of the Respondent herein. Whilst that petition was pending, learned Counsel for the Appellant, at the instance of the Appellant filed an Application on Notice headed as follows:-

“Motion on Notice for Interim Relief Pending Determination of Substantive Matrimonial Cause.”

In view of the antecedents of the matters raised in the record of appeal and in the many depositions contained in the affidavits either in support or in opposition filed by the parties, it…

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