Judge prohibited for making marital property possession orders before judgment

The Supreme Court has prohibited a Justice of the High Court (Divorce and Matrimonial Division) from continuing to sit on the case between Joseph Anka and the former wife.

Additionally, the five-member panel presided over by Chief Justice, Her Ladyship Gertrude Torkornoo, also struck down an order as to custody, and switch of residence made by the trial court Justice as having been made without jurisdiction.

Correspondent, Richard Osei Boateng reports that the parties, Mr. Joseph Anka and his former wife, have been battling it out at the High Court subsequent to their marital breakdown.

However, the applicant averred that even as the case proceeded, the trial High Court Justice made an order for the woman to occupy their matrimonial home, which the man was later ordered to repair at his own cost as they switched residences.

The applicant, led by counsel Ace Ankomah, argued that the decision was made by the judge without jurisdiction owing to the fact that the case was still pending and thus sought an order of certiorari to quash the same and also a prohibition to restrain the judge from continuing to preside over the case.

On her part, counsel for the woman told the court that the trial judge made that order after it came to her attention that her client, who had returned from the UK, did not have any place of abode.

Further, the order made for the payment of money to the child was due to the child’s ill health, which needed urgent attention.

The Lordships were however not impressed with this defense, and as such issued writs of certiorari and prohibition, respectively, against the orders made and the trial judge.