BENJAMIN VRS REGINA (A6/17/2020) [2023] GHADC 1176 (19 April 2023)

BENJAMIN VRS REGINA (A6/17/2020) [2023] GHADC 1176 (19 April 2023)

The best interest and welfare of the child require that Agnes remain with the plaintiff, who has cared for her since age 2, and continuity of care should not be disturbed. The paternity of Courage is settled and not in issue, as the plaintiff and his family have performed all rites and recognized him as the late brother’s son.

Citation
[2023] GHADC 1176
Parties
Plaintiff: Appiah Benjamin; Defendant: Nkani Regina
Court
District Court
Jurisdiction
Ghana
Judgment Date
19 April 2023
Case Number
A6/17/2020
Procedural Posture
Family / Judgment
Outcome
custody and access orders granted; counter-claim on paternity dismissed
Legal Topics
Child Custody, Paternity, Child Maintenance, Access to Child
Source Language
English
Family Law Child Custody Paternity Child Maintenance Access to Child

Case Brief

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Parties

Appiah Benjamin

Plaintiff

Nkani Regina

Defendant

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether custody of Agnes Appiah should be granted to the plaintiff
  2. 2 Whether the paternity of Courage Appiah is in issue and whether the plaintiff should be compelled to accept and maintain him

Ratio Decidendi

The best interest and welfare of the child require that Agnes remain with the plaintiff, who has cared for her since age 2, and continuity of care should not be disturbed. The paternity of Courage is settled and not in issue, as the plaintiff and his family have performed all rites and recognized him as the late brother’s son.

Court Disposition

custody and access orders granted; counter-claim on paternity dismissed

Orders

  • Custody of Agnes Appiah granted to plaintiff with reasonable access during school vacations to defendant.
  • Custody of Courage Appiah remains with defendant with access during school holidays to plaintiff.