Rosaline Ofosu Gyimah Vrs Alfred Adjaidoo [2022] GHACC 262 (14 October 2022)
The marriage is dissolved as the parties have not lived together for over two years and have irreconcilable differences, satisfying the statutory grounds for dissolution.
Source-derived case information.
- Citation
- [2022] GHACC 262
- Parties
- Petitioner: Rosaline Ofosu Gyimah; Respondent: Alfred Adjaidoo
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 14 October 2022
- Procedural Posture
- Divorce Petition / Judgment
- Outcome
- marriage dissolved
- Legal Topics
- Divorce, Matrimonial Causes, Irretrievable Breakdown of Marriage
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rosaline Ofosu Gyimah
Petitioner
Alfred Adjaidoo
Respondent
Procedural Posture
Divorce Petition / Judgment
Legal Issues
- 1 Whether the marriage has broken down beyond reconciliation under the Matrimonial Causes Act
Ratio Decidendi
The marriage is dissolved as the parties have not lived together for over two years and have irreconcilable differences, satisfying the statutory grounds for dissolution.
Court Disposition
marriage dissolved
Orders
- Ordinance marriage between the parties dissolved as of 14th October 2022.
- Terms of Settlement filed on 13th October 2022 adopted as Consent Judgment resolving all ancillary issues.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE CIRCUIT COURT ‘2’ ADENTAN SITTING BEFORE HER HONOUR SEDINAM AWO BALOKAH (MS) THE PRESIDING JUDGE ON THE 14TH DAY OCTOBER, 2022 TIME: 9:15 AM SUIT NO. C5/40/2022 ROSALINE OFOSU GYIMAH PETITIONER VRS. ALFRED ADJAIDOO RESPONDENT Parties Present Alexander Owusu Junior Present for Petitioner Constant E. K. Amadzor Present for Respondent By Court - Judgment Having read the pleadings filed by the Parties in this suit, having read the witness statement of Respondent and duly considered Exhibit 1 (the marriage certificate of the Parties), And having due regard to Section 2 of the Matrimonial Causes Act 1971(Act 327), I am of the considered opinion that the following facts are establish per the evidence on record. a) The fact that the parties have not lived together for a period of two years plus immediately preceeding the presentation of the instant petition, and b) That the Parties herein have irreconcilable differences. Upon the above fact and in light of Section 2 (1) (d) and (e) of the Matrimonial Causes Act 1971 (Act 367). I find and hold that the ordinance marriage celebrated between the Parties on the 22nd day of August 2015 have broken down beyond reconciliation. I accordingly dissolve the said ordinance marriage this 14th day of October 2022. Further, the Terms of Settlement executed by the Parties and filed on 13th October 2022 is hereby adopted as Consent Judgment in full Resolution of all ancillary issues in this suit this 14th day of October 2022. I make no award as to cost. SGD H/H SEDINAM AWO BALOKAH CIRCUIT COURT JUDGE Comfy* 2