Gaisie Vrs Gaisie [2023] GHACC 382 (16 February 2023)

Gaisie Vrs Gaisie [2023] GHACC 382 (16 February 2023)

The marriage was dissolved on the basis that the parties had lived apart for more than five years, satisfying section 2(1)(e) of Act 367, with no need to attribute blame. Property and custody orders were based on evidence of acquisition and best interests of the children.

Citation
[2023] GHACC 382
Parties
Petitioner: Florence Gaisie; Respondent: Ato Kwamena Gaisie
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
16 February 2023
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition for divorce granted; marriage dissolved.
Legal Topics
Divorce, Matrimonial Property, Child Custody, Maintenance
Source Language
English
Family Law Divorce Matrimonial Property Child Custody Maintenance

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Parties

Florence Gaisie

Petitioner

Ato Kwamena Gaisie

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation under section 2(1)(e) of the Matrimonial Causes Act, 1971 (Act 367)
  2. 2 Entitlement to matrimonial and self-acquired property
  3. 3 Custody and maintenance of children

Ratio Decidendi

The marriage was dissolved on the basis that the parties had lived apart for more than five years, satisfying section 2(1)(e) of Act 367, with no need to attribute blame. Property and custody orders were based on evidence of acquisition and best interests of the children.

Court Disposition

Petition for divorce granted; marriage dissolved.

Orders

  • Custody of the two children granted to petitioner with reasonable access to respondent.
  • Assakae land with building settled in favour of petitioner.