Check out the court’s reasoning on Asamoah Gyan marriage annulment(FULL JUDGMENT)

On October 31, the High Court annulled the marriage between former skipper of Ghana’s Black Stars, Asamoah Gyan, and his former wife, Gifty Gyan.

The court, in its judgment, settled properties consisting of Vehicle No. GE-9354-09 and an Infinity Q5 45 as well as a parcel of land on Gifty.

Further, House No. 40 Harding Way Macham in London which Gyan acquired for Gifty, was settled on her and in trust for the three(3) children of the marriage.

PETITIONER’S CASE

The football star, Asamoah Gyan petitioned the court for the annulment of their marriage celebrated on August 31, 2013, and an order for a DNA test alleging a prior existing marriage between his wife and one Eugene Odame Antwi under the Marriages Act.

Also, he prayed for an order for a reasonable amount to be paid for the maintenance of the three children of the marriage pending the DNA results and any other reliefs necessary.

RESPONDENT’S ANSWER

In her answer and cross-petition, the respondent, originally known as Gifty Akua Oware, noted that she was never married to Eugene and that it was in her quest for a visa application to seek medical care abroad that her foster mother procured a marriage certificate between her(Gifty) and the former's son in order for documents to be approved and that she was even a minor at that time.

Owing to the above, the respondent contended that the marriage between her and Asamoah Gyan was valid and thus sought a dissolution of the same and various reliefs including the custody of the children, a 5,000 pounds monthly maintenance fee, and a 50% share in a host of properties and companies owned by him.

JUDGMENT

VALIDITY OR OTHERWISE OF THE MARRIAGE BETWEEN EUGENE AND GIFTY PER MODE

On the issue of the non validity of the said marriage between Eugene and Gifty, the court established that she failed to produce any credible documentary evidence or witness to corroborate the same and thus upheld the petitioner’s claim that the said marriage was valid.

The court again emphasized that such contracted marriages are not merely rendered void solely for the reasons behind them because the only way parties may sever them is to subject themselves to proceedings in a court of competent jurisdiction.

VALIDITY OR OTHERWISE OF THE MARRIAGE ON ACCOUNT OF GIFTY BEING A MINOR

Also, another issue that emerged was the actual age of Gifty at the time of her marriage to Eugene. The court therefore made a finding of fact per her passport, BECE records, and a WAEC witness thus affirming her claim that she was actually seventeen(17) years old at the time of the marriage and thus had no capacity to give her consent.

However, the court established that the marriage between Eugene and Gifty cannot be declared void or invalid merely because she was a minor at the time of the marriage though it seemed voidable on the face of it.

INVALIDITY OR OTHERWISE OF ASAMOAH GYAN AND GIFTY’S MARRIAGE

The court made an observation of inconsistencies in the respondent’s story owing to her marriage to Eugene and thus rejected her claim.

As such the court found that Gifty indeed deceived Asamoah Gyan by misrepresenting to him that she was a spinster at the time of their marriage which was relied on by him to enter into the said marriage.

Having established this, the court thus granted the petitioner’s prayer for the annulment of his marriage with Gifty pursuant to Section 13 of the Matrimonial Causes Act thereby dismissing her prayer for a dissolution.

CUSTODY OF THE CHILDREN

The court held that there were no records indicating that the respondent was an unfit mother and thus granted her custody of the children with the petitioner having reasonable access to them in their best interest.

MAINTENANCE OF THE CHILDREN

Having considered the current circumstances of Asamoah Gyan including the fact that he no longer plays professional football, and the absence of evidence that he indeed obtains any foreign exchange from his Ghanaian-run businesses, the court granted the maintenance award in Ghana cedis thereby awarding Twenty-Five Ghana Cedis(GHC 25, 000) to the respondent in that regard.

Read the full judgment on Dennislaw for more.