AMOAKO-ATTA VRS ABEKAH (:C4/24/2023) [2023] GHACC 736 (20 October 2023)

AMOAKO-ATTA VRS ABEKAH (:C4/24/2023) [2023] GHACC 736 (20 October 2023)

The applicant failed to establish that the respondent's circumstances warrant an increase in interim maintenance to GH 2,000. The status quo of GH 1,000 monthly maintenance is to remain. Interim custody is granted to the applicant with reasonable access to the respondent. Issues of accommodation and arrears require trial and cannot be determined at the interim stage.

Citation
[2023] GHACC 736
Parties
Petitioner/applicant: Esther Barkey Amoako-Atta; Respondent/respondent: Abeka Abekah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
20 October 2023
Case Number
:C4/24/2023
Procedural Posture
Matrimonial Cause/interim Application / Ruling on Interim Orders Pending Suit
Outcome
application partly granted
Legal Topics
Maintenance Pending Suit, Child Custody, Matrimonial Property, Interim Relief
Source Language
English
Family Law Maintenance Pending Suit Child Custody Matrimonial Property Interim Relief

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Parties

Esther Barkey Amoako-Atta

Petitioner/applicant

Abeka Abekah

Respondent/respondent

Procedural Posture

Matrimonial Cause/interim Application / Ruling on Interim Orders Pending Suit

Legal Issues

  1. 1 Whether the applicant is entitled to interim custody of the children pending suit
  2. 2 Whether the applicant is entitled to interim maintenance of GH 2,000 per month or alternative reliefs
  3. 3 Whether the respondent should provide accommodation and arrears of maintenance as interim relief

Ratio Decidendi

The applicant failed to establish that the respondent's circumstances warrant an increase in interim maintenance to GH 2,000. The status quo of GH 1,000 monthly maintenance is to remain. Interim custody is granted to the applicant with reasonable access to the respondent. Issues of accommodation and arrears require trial and cannot be determined at the interim stage.

Court Disposition

application partly granted

Orders

  • Interim custody of the children granted to applicant with reasonable access to respondent, details to be agreed by parties.
  • Respondent to continue paying GH 1,000 monthly as maintenance to applicant pending final determination.