Tamakloe Vrs Sosu [2022] GHAHC 19 (10 October 2022)

Tamakloe Vrs Sosu [2022] GHAHC 19 (10 October 2022)

The trial court erred by not adequately considering the income, wealth, and other parental responsibilities of the Respondent/Appellant and by failing to recognize that maintenance is a shared responsibility. The orders are varied to reflect equal contribution by both parties and a reduction in the maintenance amount payable by the Defendant/Appellant.

Citation
[2022] GHAHC 19
Parties
Plaintiff/respondent: Gbor Tamakloe; Defendant/appellant: Etse Sosu
Court
High Court
Jurisdiction
Ghana
Judgment Date
10 October 2022
Procedural Posture
Family Law Appeal / Judgment on Appeal From Family Tribunal
Outcome
Appeal allowed in part; orders of the trial court varied.
Legal Topics
Child Maintenance, Custody, Parental Responsibility
Source Language
English
Family Law Child Maintenance Custody Parental Responsibility

Case Brief

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Parties

Gbor Tamakloe

Plaintiff/respondent

Etse Sosu

Defendant/appellant

Procedural Posture

Family Law Appeal / Judgment on Appeal From Family Tribunal

Legal Issues

  1. 1 Whether the Family Tribunal erred in making maintenance orders without considering the income, wealth, and other parental responsibilities of the Respondent/Appellant
  2. 2 Whether maintenance and provision of necessaries for the children is a shared responsibility
  3. 3 Whether the Tribunal's orders conflicted with the Social Enquiry Report

Ratio Decidendi

The trial court erred by not adequately considering the income, wealth, and other parental responsibilities of the Respondent/Appellant and by failing to recognize that maintenance is a shared responsibility. The orders are varied to reflect equal contribution by both parties and a reduction in the maintenance amount payable by the Defendant/Appellant.

Court Disposition

Appeal allowed in part; orders of the trial court varied.

Orders

  • Custody of the three children remains with the Petitioner/Respondent with reasonable access to the Defendant/Appellant.
  • Defendant/Appellant to pay GH¢250.00 monthly as part payment of maintenance for the three children effective August 2020.