BUACHIE VRS BOADUM (C5/120/23) [2023] GHACC 790 (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, satisfying the statutory ground for divorce. The court has jurisdiction as both parties are Ghanaian citizens and the marriage was celebrated in Ghana. Custody of the child is granted to the respondent with reasonable access to the petitioner.

Citation: [2023] GHACC 790
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, Custody, Access to Child, Jurisdiction
Source Language: English

Family Law Divorce Custody Access to Child Jurisdiction

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2

Parties

Kofi Buachie

Petitioner

Ama Osei Boadum

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

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

Ratio Decidendi

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 Registrar