Olivia Hoggar Asimwome Ofori Vrs Ebenezer Kwame Ofori [2023] GHACC 139 (24 February 2023)

Olivia Hoggar Asimwome Ofori Vrs Ebenezer Kwame Ofori [2023] GHACC 139 (24 February 2023)

The petitioner proved on a balance of probabilities that the respondent's behaviour made it unreasonable to expect her to live with him, and the marriage had broken down beyond reconciliation. The evidence showed joint acquisition of the matrimonial home, and the respondent admitted receipt of a loan of GH₵15,000 (USD 2,500) from the petitioner, which he must refund. Custody and maintenance orders were made in the best interests of the children.

Citation
[2023] GHACC 139
Parties
Petitioner: Olivia Hoggar Asimwome Ofori; Respondent: Ebenezer Kwame Ofori
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
24 February 2023
Procedural Posture
Divorce Petition and Cross Petition / Judgment
Outcome
Petition for divorce granted; cross-petition dismissed.
Legal Topics
Divorce, Custody, Maintenance, Matrimonial Property, Loan Recovery
Source Language
English
Family Law Divorce Custody Maintenance Matrimonial Property Loan Recovery

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Parties

Olivia Hoggar Asimwome Ofori

Petitioner

Ebenezer Kwame Ofori

Respondent

Procedural Posture

Divorce Petition and Cross Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Entitlement to custody of the two children
  3. 3 Entitlement to maintenance for the children

Ratio Decidendi

The petitioner proved on a balance of probabilities that the respondent's behaviour made it unreasonable to expect her to live with him, and the marriage had broken down beyond reconciliation. The evidence showed joint acquisition of the matrimonial home, and the respondent admitted receipt of a loan of GH₵15,000 (USD 2,500) from the petitioner, which he must refund. Custody and maintenance orders were made in the best interests of the children.

Court Disposition

Petition for divorce granted; cross-petition dismissed.

Orders

  • Decree for dissolution of marriage celebrated on 3rd June, 2011.
  • Petitioner to present original marriage certificate for cancellation.