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SIMPSON V. SIMPSON AND ROSSI

(1960) JELR 66726 (CA)

Court of Appeal  •  25 Apr 1960  •  Ghana

Coram
KORSAH C.J.,VAN LARE J.A. ,GRANVILLE SHARP J.A.

Appearances
REINDORF FOR APPELLANT; SOWAH FOR RESPONDENT.

Judgement

GRANVILLE SHARP J.A.: The petitioner invited the learned Commissioner to conclude that he was domiciled in Ghana solely in reliance upon his statement that he had no settled home outside Ghana (which country he said he liked), and that it was his intention, after obtaining the divorce, to marry a Ghanaian woman (a Mrs. Carlis Ackuaku) and to settle permanently in Ghana, where, according to him, his whole future lies. His alleged intended companion in life did not give evidence, nor did any other person come forward to say that the appellant had ever expressed a desire or intention to make Ghana his permanent home. There is no evidence on the record of any act done by the appellant in furtherance of his proposed intention.

Learned counsel on his behalf has cited a passage, at page 52 of the 14th edition of Latey on Divorce, to support a proposition that domicile may be proved by the person seeking to establish it. He also cited the cases of Donaldson v. Donaldson [1949] P. 363 and Stone…

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