JOEL BORTEI BISSINAH VRS AFUA AFRIYIE ABOAGYE (C5/16/22) [2023] GHACC 591 (12 January 2023)

JOEL BORTEI BISSINAH VRS AFUA AFRIYIE ABOAGYE (C5/16/22) [2023] GHACC 591 (12 January 2023)

The court found the respondent was not aware of any prior marriage to Frederick Nara at the time of her marriage to the petitioner, and the evidence did not support the claim of bigamy or a void marriage. However, the marriage had irretrievably broken down beyond reconciliation, and diligent efforts at reconciliation had failed, justifying a decree of dissolution.

Citation
[2023] GHACC 591
Parties
Petitioner: Joel Bortei Bissinah; Respondent: Afua Afriyie Aboagye
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
12 January 2023
Case Number
C5/16/22
Procedural Posture
Matrimonial Cause (petition for Annulment/divorce) / Judgment
Outcome
Petition for annulment dismissed; marriage dissolved by decree of divorce.
Legal Topics
Nullity of Marriage, Divorce, Bigamy, Breakdown of Marriage
Source Language
English
Family Law Nullity of Marriage Divorce Bigamy Breakdown of Marriage

Case Brief

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Parties

Joel Bortei Bissinah

Petitioner

Afua Afriyie Aboagye

Respondent

Procedural Posture

Matrimonial Cause (petition for Annulment/divorce) / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties is a nullity
  2. 2 Whether the marriage has broken down beyond reconciliation

Ratio Decidendi

The court found the respondent was not aware of any prior marriage to Frederick Nara at the time of her marriage to the petitioner, and the evidence did not support the claim of bigamy or a void marriage. However, the marriage had irretrievably broken down beyond reconciliation, and diligent efforts at reconciliation had failed, justifying a decree of dissolution.

Court Disposition

Petition for annulment dismissed; marriage dissolved by decree of divorce.

Orders

  • Petition for annulment is dismissed.
  • Decree of dissolution (divorce) is granted dissolving the marriage celebrated on 12th January, 2016.