Ernestina Eduful V Mark Gborgbor [2023] GHACC 11 (12 May 2023)

Ernestina Eduful V Mark Gborgbor [2023] GHACC 11 (12 May 2023)

The petitioner lacks the necessary capacity to apply for a writ of possession in respect of the property, as the terms of settlement and resulting judgment only provide for the property to be settled in favour of the children, not the petitioner. The respondent's creation of a trust for the children is consistent with the judgment, and the court cannot determine the appropriateness of the trust in this application. Consequently, the application for leave to issue writ of possession and for payment of money is denied.

Citation
[2023] GHACC 11
Parties
Petitioner: Ernestina Eduful; Respondent: Mark Gborgbor
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
12 May 2023
Procedural Posture
Matrimonial/family Law / Ruling on Application for Leave to Issue Writ of Possession
Outcome
Application denied
Legal Topics
Writ of Possession, Terms of Settlement, Consent Judgment, Capacity to Act for Minors, Enforcement of Judgment
Source Language
English
Family Law Civil Procedure Writ of Possession Terms of Settlement Consent Judgment Capacity to Act for Minors Enforcement of Judgment

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Parties

Ernestina Eduful

Petitioner

Mark Gborgbor

Respondent

Procedural Posture

Matrimonial/family Law / Ruling on Application for Leave to Issue Writ of Possession

Legal Issues

  1. 1 Whether the petitioner has capacity to apply for a writ of possession on behalf of the children under the terms of settlement
  2. 2 Whether the petitioner is entitled to enforcement of monetary orders via writ of possession

Ratio Decidendi

The petitioner lacks the necessary capacity to apply for a writ of possession in respect of the property, as the terms of settlement and resulting judgment only provide for the property to be settled in favour of the children, not the petitioner. The respondent's creation of a trust for the children is consistent with the judgment, and the court cannot determine the appropriateness of the trust in this application. Consequently, the application for leave to issue writ of possession and for payment of money is denied.

Court Disposition

Application denied

Orders

  • Leave to issue writ of possession is denied
  • Prayer for payment of money due under the judgment is denied