ALBERT GYAN VRS AWUKU M. LINDA (A4/12/2023) [2025] GHACC 53 (5 May 2025)

ALBERT GYAN VRS AWUKU M. LINDA (A4/12/2023) [2025] GHACC 53 (5 May 2025)

The marriage between the parties has broken down beyond reconciliation due to irreconcilable differences, mutual insults, and failed attempts at reconciliation. The customary marriage was dissolved by the return of marital items. The GHC10,000.00 given by the Respondent for the Petitioner's travel is to be refunded without interest, as there was no evidence of a loan contract. The matrimonial property, acquired during the marriage, is to be preserved for the children, with equal sharing as a fallback. The Respondent is entitled to compensation due to the circumstances of the marriage's breakdown.

Citation
[2025] GHACC 53
Parties
Petitioner: Albert Gyan; Respondent: Awuku M. Linda
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
5 May 2025
Case Number
A4/12/2023
Procedural Posture
Divorce Petition and Cross Petition / Judgment
Outcome
Petition and cross petition allowed in part; marriage dissolved; orders made on custody, maintenance, property, and compensation.
Legal Topics
Divorce, Custody, Matrimonial Property, Maintenance, Compensation
Source Language
English
Family Law Divorce Custody Matrimonial Property Maintenance Compensation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Albert Gyan

Petitioner

Awuku M. Linda

Respondent

Procedural Posture

Divorce Petition and Cross Petition / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation
  2. 2 Whether the Petitioner asked the Respondent to source for a loan for purposes of his travel with interest
  3. 3 Whether the Respondent is entitled to compensation and a share of the property

Ratio Decidendi

The marriage between the parties has broken down beyond reconciliation due to irreconcilable differences, mutual insults, and failed attempts at reconciliation. The customary marriage was dissolved by the return of marital items. The GHC10,000.00 given by the Respondent for the Petitioner's travel is to be refunded without interest, as there was no evidence of a loan contract. The matrimonial property, acquired during the marriage, is to be preserved for the children, with equal sharing as a fallback. The Respondent is entitled to compensation due to the circumstances of the marriage's breakdown.

Court Disposition

Petition and cross petition allowed in part; marriage dissolved; orders made on custody, maintenance, property, and compensation.

Orders

  • Marriage between the parties is dissolved.
  • Respondent granted custody of the children with reasonable access to Petitioner.