BUACHIE VRS BOADUM (C5/120/23) [2023] GHACC 621 (24 November 2023)

BUACHIE VRS BOADUM (C5/120/23) [2023] GHACC 621 (24 November 2023)

The marriage has broken down beyond reconciliation as the parties have not lived together as husband and wife for over five years, with failed reconciliation attempts, and the court has jurisdiction as both parties are Ghanaian citizens married in Ghana.

Citation
[2023] GHACC 621
Parties
Petitioner: Kofi Buachie; Respondent: Ama Osei Boadum
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
24 November 2023
Case Number
C5/120/23
Procedural Posture
Divorce Petition / Judgment
Outcome
petition for divorce granted
Legal Topics
Divorce, Child Custody, Access to Child, Jurisdiction
Source Language
English
Family Law Divorce Child Custody Access to Child Jurisdiction

Case Brief

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Parties

Kofi Buachie

Petitioner

Ama Osei Boadum

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the Court has jurisdiction to determine the divorce petition between the parties
  2. 2 Whether the ordinance marriage celebrated between the petitioner and the respondent has broken down beyond reconciliation
  3. 3 Whether the court can grant access to a child resident in the United Kingdom

Ratio Decidendi

The marriage has broken down beyond reconciliation as the parties have not lived together as husband and wife for over five years, with failed reconciliation attempts, and the court has jurisdiction as both parties are Ghanaian citizens married in Ghana.

Court Disposition

petition for divorce granted

Orders

  • Decree for dissolution of the ordinance marriage celebrated on 9th February 2010 at Tema Metropolitan Assembly
  • Petitioner to present original marriage certificate for cancellation by the Registrar