Damashie Vrs Karimu [2023] GHADC 252 (18 January 2023)

Damashie Vrs Karimu [2023] GHADC 252 (18 January 2023)

The marriage has broken down beyond reconciliation due to respondent's persistent adultery, constructive desertion, and failure of the parties to reconcile their differences despite diligent effort, making it unreasonable to expect the petitioner to continue living with the respondent.

Citation
[2023] GHADC 252
Parties
Petitioner: Deborah Damashie; Respondent: Abudulai Karimu
Court
District Court
Jurisdiction
Ghana
Judgment Date
18 January 2023
Procedural Posture
Divorce Petition / Final Judgment
Outcome
Petition for dissolution of marriage granted; marriage dissolved.
Legal Topics
Divorce, Matrimonial Causes, Adultery, Desertion, Irreconcilable Differences
Source Language
English
Family Law Divorce Matrimonial Causes Adultery Desertion Irreconcilable Differences

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Parties

Deborah Damashie

Petitioner

Abudulai Karimu

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the parties is broken down beyond reconciliation
  2. 2 Whether the Ordinance marriage between the parties should be dissolved
  3. 3 Whether the petitioner is entitled to her reliefs

Ratio Decidendi

The marriage has broken down beyond reconciliation due to respondent's persistent adultery, constructive desertion, and failure of the parties to reconcile their differences despite diligent effort, making it unreasonable to expect the petitioner to continue living with the respondent.

Court Disposition

Petition for dissolution of marriage granted; marriage dissolved.

Orders

  • Marriage between Deborah Damashie and Abudulai Karimu dissolved.
  • Respondent to pay costs of Gh¢5,000.00 to petitioner with interest at prevailing bank rate from date of judgment until fully paid.