IVY DZIFA KATAMANI V. KENNETH TORBI
Jurisdiction
HIGH COURT
Judge
N/A
Catalog Type
Case
Judgement Date
Jun 29, 2016
Summary
Divorce – Breakdown of Marriage beyond Reconciliation – Unchallenged Evidence – Consent Judgment – Settlement of Ancillary Reliefs. This case involves a petition for divorce between Ivy Dzifa Katamani Torbi (Petitioner) and Kenneth Torbi (Respondent), who were first married under Ewe customary law and later converted their marriage into an ordinance marriage in 2000. The Petitioner sought dissolution of the marriage on the ground that it had broken down beyond reconciliation, along with claims for a share in the matrimonial home and a lump sum payment. The Petitioner testified that the marriage had become irreconcilably broken despite several efforts by family members and religious leaders to reconcile the parties. She further stated that she had been living separately from the Respondent since March 2015. Importantly, the Respondent did not challenge her evidence in court, as he neither cross-examined her nor presented his own testimony. Although he denied some claims in his pleadings, he did not oppose the dissolution of the marriage. The court held that the Petitioner’s unchallenged evidence was sufficient to prove that the marriage had broken down beyond reconciliation, particularly since attempts at reconciliation had failed and the parties were living apart. The court therefore granted a decree dissolving the marriage. With respect to ancillary reliefs, the court noted that the parties had already reached an agreement on how to settle their financial and property matters. The court adopted this agreement as a consent judgment.
Full Content
JUDGMENT
AGBEVEY, J.
Ivy Dzifa Katamani Torbi (hereinafter called the Petitioner) and Kenneth Torbi (hereinafter called the Respondent) were married on the 24th day of June 2000 at Kpetoe – Agortime under Ewe customary law and usage. The said marriage was converted to a marriage under the Marriage Ordinance (Cap 127) (1951 Rev) on the same day at the Circuit Court, Ho, Volta Region.
The Petition was filed on the 5th day of August, 2016 for the following reliefs:
a. An order that the marriage celebrated at the offices of the Registrar of Marriages, Ho Circuit Court, in the Volta Region of the Republic of Ghana between the Petitioner and the Respondent on the 24th day of June 2000 be dissolved since same has broken down beyond reconciliation.
b. One half interest of the four (4) bedroom house at Adentan, being the matrimonial home be settled on the Petitioner.
c. Lump sum of GH¢100,000 (one hundred thousand Ghana cedis) be settled on the Petitioner herein.
d. Perpetual injunction restraining the Respondent from going anywhere near the Petitioner’s person or property.
e. Costs.
The Respondent denied the material particulars in his Answer filed on the 8th day of September, 2015. He averred that he single handedly acquired the 4 bedroom property which is the matrimonial home at Adentan and prays that the Petitioner is not entitled to her reliefs.
The Petitioner filed a reply on the 9th day of February, 2016. The Petitioner who is 40years old gave evidence on oath that she is a public servant with Ghana Revenue Authority. She told the Court that she and the Respondent married under the Ordinance on the 24th day of June, 2000 and that they cohabited in Ho, and Abelenkpe, Accra prior to moving to their matrimonial home at Frafraha – Adenta which they jointly acquired. She testified that there are no issues of the marriage. She told the Court that several attempts to resolve their differences by their Pastors, and respective family members did not yield any results and that she moved out of the matrimonial home since 25th March, 2015 and she is living at SDA, Adenta. She admitted that they have resolved all ancillary reliefs amicably.
Counsel for the Respondent declined to cross-examine the Petitioner and the Respondent elected not to testify in Court. The evidence of the Petitioner therefore stands unchallenged.
Per the Matrimonial Causes Act 1971, (Act 367), the only ground for the grant of a divorce petition is that the marriage has broken down beyond reconciliation.
It is the Petitioner’s case that despite several attempts to reconcile their differences, they have not been able to do so. Under Section 2 (1) (e), of Act 367 one of the facts specified for the purpose of showing that the marriage has broken down beyond reconciliation is that the parties have after diligent efforts been unable to reconcile their differences. The Petitioner, from the evidence, has moved out of the matrimonial home for the past year and she is living separately from the Respondent. The Respondent agrees in his Answer that the marriage be dissolved.
I find as a fact on the evidence that the parties have not been able to reconcile their marital differences and I accordingly decree that the marriage celebrated between the Petitioner and the Respondent on the 24th day of June, 2000, at the Registry of the Circuit Court, Ho, with certificate number 7/2000per licence number CCM 7/2000,dissolved.
I enter terms of settlement in respect of the ancillary reliefs filed on 15th April, 2016 signed by the respective parties with their Counsel as consent judgment of the Court as follows:
i. That the Respondent shall settle the Petitioner with a lump sum payment of GH¢50,000 which payment will be spread over a period of three months and in three instalments and as follows:
a. The sum of GH¢30,000 shall be paid to the Petitioner by the Respondent on or before the end of April 2016.
b. The sum of GH¢10,000 shall be paid to the Petitioner by the Respondent on or before the end of May 2016.
c. The sum of GH¢10,000 shall be paid to the Petitioner by the Respondent on or before the end of June 2016.
ii. That the Petitioner will forgo and relinquish all her interest in the four (4) bedroom house being an unnumbered house, near Frafraha Cemetery, Adenta, Accra being the matrimonial home.
iii. That the Respondent will pay costs of GH¢3000 to the Petitioner.
iv. That the Petitioner hereby accepts the aforementioned sum of GH¢53,000.00 in full and final settlement of the reliefs claimed against the Respondent per the Divorce petition.
v. To waive, release and relinquish all right or interests claimed per the divorce petition and the Petitioner hereby undertakes that she shall not in respect of the subject-matter thereof, bring, lodge or pursue any claim or any part thereof and that no further claims would be brought under any agreement or in respect of any obligation arising directly or indirectly out of or referred to the subject matter of the divorce petition instituted by the Petitioner.
SGD.
CECILIA DON-CHEBE AGBEVEY J.
JUSTICE OF THE HIGH COURT