Amponsah Vrs Adjei [2021] GHADC 3 (5 October 2021)

Amponsah Vrs Adjei [2021] GHADC 3 (5 October 2021)

The marriage had broken down beyond reconciliation due to lack of cohabitation, denial of conjugal rights, and irreconcilable differences, justifying dissolution under Act 367. Both parties acknowledged the breakdown, and the Petitioner could not reasonably be expected to live with the Respondent. The court also found it just and equitable to order a lump sum payment and return of certain items.

Citation
[2021] GHADC 3
Parties
Petitioner: Patricia Amponsah; Respondent: Augustine King Adjei
Court
District Court
Jurisdiction
Ghana
Judgment Date
5 October 2021
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition for dissolution of marriage granted.
Legal Topics
Divorce, Matrimonial Property, Maintenance, Breakdown of Marriage
Source Language
English
Family Law Divorce Matrimonial Property Maintenance Breakdown of Marriage

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Parties

Patricia Amponsah

Petitioner

Augustine King Adjei

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Whether the Respondent is entitled to his reliefs sought
  3. 3 Whether the Petitioner is entitled to a lump sum of GHc15,000.00

Ratio Decidendi

The marriage had broken down beyond reconciliation due to lack of cohabitation, denial of conjugal rights, and irreconcilable differences, justifying dissolution under Act 367. Both parties acknowledged the breakdown, and the Petitioner could not reasonably be expected to live with the Respondent. The court also found it just and equitable to order a lump sum payment and return of certain items.

Court Disposition

Petition for dissolution of marriage granted.

Orders

  • Petitioner to return to Respondent a Bible, Engagement ring, and Wedding ring or GHc2,100.00 equivalent.
  • Petitioner to keep the Television set, furniture, and dining table.