Lekuu Vrs Ekaa [2023] GHADC 460 (6 February 2023)

Lekuu Vrs Ekaa [2023] GHADC 460 (6 February 2023)

The marriage has broken down beyond reconciliation due to unreasonable behaviour by the respondent. The petitioner is entitled to dissolution of marriage, custody of the children, monthly maintenance, and an equitable share of the matrimonial properties acquired during the marriage. The best interest of the children requires custody to be granted to the petitioner with reasonable access to the respondent.

Citation
[2023] GHADC 460
Parties
Petitioner: Agartha Lekuu; Respondent: Emmanuel Seglaaro Ekaa
Court
District Court
Jurisdiction
Ghana
Judgment Date
6 February 2023
Procedural Posture
Divorce Petition / Final Judgment
Outcome
Petition allowed; marriage dissolved; ancillary orders granted.
Legal Topics
Dissolution of Marriage, Custody of Children, Distribution of Matrimonial Property, Maintenance, Child Welfare
Source Language
English
Family Law Dissolution of Marriage Custody of Children Distribution of Matrimonial Property Maintenance Child Welfare

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Parties

Agartha Lekuu

Petitioner

Emmanuel Seglaaro Ekaa

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Entitlement to custody of the children
  3. 3 Distribution of matrimonial property

Ratio Decidendi

The marriage has broken down beyond reconciliation due to unreasonable behaviour by the respondent. The petitioner is entitled to dissolution of marriage, custody of the children, monthly maintenance, and an equitable share of the matrimonial properties acquired during the marriage. The best interest of the children requires custody to be granted to the petitioner with reasonable access to the respondent.

Court Disposition

Petition allowed; marriage dissolved; ancillary orders granted.

Orders

  • Marriage between the parties is dissolved; divorce certificate to issue.
  • Custody of the children granted to the petitioner; respondent to have reasonable access, including vacations, public holidays, and alternate weekends.