JOHN JACKSON SACKEY VRS MARIAM ADAMS (C5/190/2022) [2023] GHACC 1018 (24 March 2023)

JOHN JACKSON SACKEY VRS MARIAM ADAMS (C5/190/2022) [2023] GHACC 1018 (24 March 2023)

The amounts claimed by the respondent/applicant are excessive and not justified, especially in a marriage without children. Maintenance and accommodation awards must be reasonable, based on need and ability to pay, and not create undue hardship for the payer. The application is therefore dismissed.

Citation
[2023] GHACC 1018
Parties
Petitioner: John Jackson Sackey; Respondent: Mariam Adams
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
24 March 2023
Case Number
C5/190/2022
Procedural Posture
Family Law Matrimonial Cause / Interlocutory Application (motion for Accommodation/rent and Maintenance Pending Suit)
Outcome
application dismissed
Legal Topics
Maintenance Pending Suit, Spousal Support, Interlocutory Relief
Source Language
English
Family Law Maintenance Pending Suit Spousal Support Interlocutory Relief

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Parties

John Jackson Sackey

Petitioner

Mariam Adams

Respondent

Procedural Posture

Family Law Matrimonial Cause / Interlocutory Application (motion for Accommodation/rent and Maintenance Pending Suit)

Legal Issues

  1. 1 Whether the respondent/applicant is entitled to an order for provision of accommodation/rent and maintenance allowance pending suit
  2. 2 Whether the amounts claimed are reasonable and within the petitioner's ability to pay

Ratio Decidendi

The amounts claimed by the respondent/applicant are excessive and not justified, especially in a marriage without children. Maintenance and accommodation awards must be reasonable, based on need and ability to pay, and not create undue hardship for the payer. The application is therefore dismissed.

Court Disposition

application dismissed

Orders

  • Application for provision of accommodation/rent and maintenance pending suit is dismissed.
  • Respondent/applicant is advised to open communication to enable resumption of GH¢800 monthly payments and arrears.