Adjei Vrs Samuel [2021] GHADC 1 (30 November 2021)

Adjei Vrs Samuel [2021] GHADC 1 (30 November 2021)

Both parties agreed the marriage had broken down beyond reconciliation, with evidence of lack of cohabitation, absence of conjugal relations, and mutual consent to divorce. The court found the statutory grounds for dissolution satisfied and granted the divorce. Custody was awarded to the Petitioner in the best interest of the child, with maintenance and access orders made.

Citation
[2021] GHADC 1
Parties
Petitioner: Jennifer Adjei; Respondent: Antwi Yeboah Samuel
Court
District Court
Jurisdiction
Ghana
Judgment Date
30 November 2021
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition for divorce granted; marriage dissolved.
Legal Topics
Divorce, Child Custody, Maintenance
Source Language
English
Family Law Divorce Child Custody Maintenance

Case Brief

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Parties

Jennifer Adjei

Petitioner

Antwi Yeboah Samuel

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Whether the Petitioner is entitled to a reasonable lump sum of GHc20,000.00
  3. 3 Whether the Petitioner is entitled to the reliefs sought

Ratio Decidendi

Both parties agreed the marriage had broken down beyond reconciliation, with evidence of lack of cohabitation, absence of conjugal relations, and mutual consent to divorce. The court found the statutory grounds for dissolution satisfied and granted the divorce. Custody was awarded to the Petitioner in the best interest of the child, with maintenance and access orders made.

Court Disposition

Petition for divorce granted; marriage dissolved.

Orders

  • Petitioner to have custody of the child with reasonable access to Respondent during vacations and communication rights.
  • Respondent to pay school fees, medical bills, educational needs, and all necessaries of life for the child.