IBRAHIM VRS. SEIDU (A11/027/24) [2024] GHADC 152 (22 March 2024)

IBRAHIM VRS. SEIDU (A11/027/24) [2024] GHADC 152 (22 March 2024)

Since the marriage is still subsisting and the defendant uses proceeds from the container shop to feed and maintain the children, it is unreasonable to grant recovery of possession to the plaintiff; the status quo should remain in the best interest of the children.

Citation
IBRAHIM VRS. SEIDU (A11/027/24) [2024] GHADC 152 (22 March 2024)
Parties
Plaintiff: Baba Ibrahim; Defendant: Aisha Seidu
Court
ghadc
Jurisdiction
Ghana
Judgment Date
22 March 2024
Procedural Posture
Civil / Judgment
Outcome
claim dismissed
Legal Topics
Marriage Dissolution, Custody, Property Possession
Source Language
eng
Family Law Property Law Marriage Dissolution Custody Property Possession

Case Brief

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Parties

Baba Ibrahim

Plaintiff

Aisha Seidu

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 whether the plaintiff is entitled to recovery of possession of the container
  2. 2 whether the marriage has been dissolved under customary law
  3. 3 whether the defendant's use of the container for the children's welfare affects possession

Ratio Decidendi

Since the marriage is still subsisting and the defendant uses proceeds from the container shop to feed and maintain the children, it is unreasonable to grant recovery of possession to the plaintiff; the status quo should remain in the best interest of the children.

Court Disposition

claim dismissed

Orders

  • status quo to remain
  • plaintiff to pay children's school fees