Ghana Judgment

Circuit Court

JAMES BUGBILLA SABIA (LT COLONEL) VRS AKON BABA [2023] GHACC 554 (26 January 2023)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The marriage is dissolved as it has broken down beyond reconciliation, and the terms of settlement are adopted as the consent judgment of the court.

Court disposition

marriage dissolved by consent judgment

Orders

  • Marriage between the parties is dissolved
  • Each party to bear his/her own legal costs
  • Terms of Settlement adopted as Consent Judgment
  • Marriage Certificate Number 1632/MC/2013 with Licence Number AMA 8719/2013 is cancelled

02

Material facts

Parties

James Bugbilla Sabia (Lt. Colonel)

Petitioner

Akon Baba

Respondent

03

Procedural history

  1. Posture

    Divorce Petition / Consent Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The marriage has broken down beyond reconciliation and the respondent has deserted the matrimonial home for a continuous period of two years. The petitioner seeks dissolution of the marriage and that each party bears their own legal costs.
Respondent
The respondent denied the particulars of desertion but agreed to settle the matter conclusively as per the terms of settlement.

05

Court’s reasoning

  1. 01

    Court's determination based on evidence and parties' agreement

    A marriage may be dissolved if it is found to have broken down beyond reconciliation.

06

Ratio, limits and disposition

Ratio decidendi

The marriage is dissolved as it has broken down beyond reconciliation, and the terms of settlement are adopted as the consent judgment of the court.

Court disposition

marriage dissolved by consent judgment

  • Marriage between the parties is dissolved
  • Each party to bear his/her own legal costs
  • Terms of Settlement adopted as Consent Judgment
  • Marriage Certificate Number 1632/MC/2013 with Licence Number AMA 8719/2013 is cancelled

Source and reliance status

Circuit Court

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Judgment text

The complete available source text.

Source document

Circuit Court

Judgment

[2023] GHACC 554

IN THE CIRCUIT COURT OF GHANA HELD IN ACCRA ON THURSDAY THE 26TH DAY OF JANUARY, 2023 BEFORE HER HONOUR ROSEMARY BAAH TOSU (MRS) – CIRCUIT COURT JUDGE JAMES BUGBILLA SABIA (LT. COLONEL) == 50 FOREST ROAD

DZORWULU

ACCRA SUIT NO. C5/341/2022

PETITIONER

VRS

AKON BABA

ACCRA WHEREAS, ==

RESPONDENT

CONSENT JUDGMENT 1. The Petitioner filed the instant Petition on the 8th of July, 2022 stating that the marriage between the parties has broken down beyond reconciliation; that the Respondent has deserted the matrimonial home for a continuous period of two (2) years and praying this Honourable Court for the following reliefs: a. That the marriage celebrated in fact between the parties on the 7th of September, 2013 be dissolved. b. That each party should bear his/her own legal cost. c. Any other order(s) as this Honourable Court deems fit.

2. The Respondent filed an Answer and Cross-Petition to the Petition denying the particulars of desertion on the 11th of August, 2022. NOW THEREFORE, the parties desirous to bring this action to a close have decided to settle this matter conclusively on the following terms and conditions: 1 | P a g e

TERMS OF SETTLEMENT The parties have agreed as follows: 1. That the marriage between the parties has indeed broken down beyond reconciliation and same must be dissolved.

2. That each party shall bear his/her own attorneys’ fees and costs in connection with this matter.

3. That each party agrees that the Terms of Settlement shall be adopted as Consent Judgment of this Honourable Court.

4. That each party agrees that the terms of this Consent Judgment constitutes a full and final resolution of their claims in Suit No. C5/341/2022. BY COURT: I have heard both parties to the suit and considered the evidence and I find that the marriage is broken down beyond reconciliation. I accordingly dissolve it. Let the Terms of Settlement filed on the 18th November, 2022 be entered as Consent Judgment of this Court. Marriage Certificate Number 1632/MC/2013 with Licence Number AMA 8719/2013 is accordingly cancelled. H/H ROSEMARY BAAH TOSU (MRS) (CIRCUIT COURT JUDGE) (SGD) 2 | P a g e

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