BENETH KARIKARI AMOAH VRS ABENA NIMO AMOAH (C5/44/2022) [2022] GHACC 346 (10 December 2022)

BENETH KARIKARI AMOAH VRS ABENA NIMO AMOAH (C5/44/2022) [2022] GHACC 346 (10 December 2022)

The marriage had irretrievably broken down as the parties only cohabited for seventeen days, communication ceased, and the petitioner lost interest. The court found the remittances reasonable but not necessarily sufficient. Given the disparity in financial standing and the impact on the respondent, the court awarded a lump sum of GH¢80,000 as just and equitable financial settlement.

Citation
[2022] GHACC 346
Parties
Petitioner: Beneth Karikari Amoah; Respondent: Abena Nimo Amoah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
10 December 2022
Case Number
C5/44/2022
Procedural Posture
Divorce Petition and Cross Petition / Final Judgment
Outcome
petition and cross-petition for dissolution of marriage granted; financial settlement awarded
Legal Topics
Divorce, Alimony, Financial Settlement, Burden of Proof
Source Language
English
Family Law Divorce Alimony Financial Settlement Burden of Proof

Case Brief

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Parties

Beneth Karikari Amoah

Petitioner

Abena Nimo Amoah

Respondent

Procedural Posture

Divorce Petition and Cross Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation
  2. 2 Whether the remittances paid to the respondent by the petitioner are sufficient for her upkeep
  3. 3 Whether the respondent is entitled to a financial settlement or alimony of One Hundred Thousand Ghana Cedis (GH¢100,000)

Ratio Decidendi

The marriage had irretrievably broken down as the parties only cohabited for seventeen days, communication ceased, and the petitioner lost interest. The court found the remittances reasonable but not necessarily sufficient. Given the disparity in financial standing and the impact on the respondent, the court awarded a lump sum of GH¢80,000 as just and equitable financial settlement.

Court Disposition

petition and cross-petition for dissolution of marriage granted; financial settlement awarded

Orders

  • Marriage between the parties is dissolved.
  • Petitioner to pay respondent a lump sum of GH¢80,000 as financial settlement within three months of judgment.