Baiden Vrs Baiden [2023] GHAHC 186 (25 January 2023)

Baiden Vrs Baiden [2023] GHAHC 186 (25 January 2023)

The court found that the marriage had broken down beyond reconciliation due to mutual accusations, lack of cohabitation, and failed reconciliation attempts. Custody of the children was awarded to the respondent as it was in their best interest, with reasonable access to the petitioner. The court held that the Kwaprow property, though purchased with a loan by the petitioner, involved significant non-financial contribution from the respondent and thus entitled her to a share. The respondent was awarded the two plots at Amosima and GHC40,000.00 as financial provision, but not the full alimony sought. Other properties were not proven to be jointly acquired or were not available for distribution.

Citation
[2023] GHAHC 186
Parties
Petitioner: Kenneth Kojo Baiden; Respondent: Mrs Agatha Baiden
Court
High Court
Jurisdiction
Ghana
Judgment Date
25 January 2023
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition for divorce granted; marriage dissolved.
Legal Topics
Divorce, Custody, Matrimonial Property, Alimony, Maintenance
Source Language
English
Family Law Divorce Custody Matrimonial Property Alimony Maintenance

Case Brief

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Parties

Kenneth Kojo Baiden

Petitioner

Mrs Agatha Baiden

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the respondent has behaved unreasonably, making it intolerable for the petitioner to live with her as a wife
  2. 2 Whether any of the parties has committed adultery
  3. 3 Whether the marriage has broken down beyond reconciliation

Ratio Decidendi

The court found that the marriage had broken down beyond reconciliation due to mutual accusations, lack of cohabitation, and failed reconciliation attempts. Custody of the children was awarded to the respondent as it was in their best interest, with reasonable access to the petitioner. The court held that the Kwaprow property, though purchased with a loan by the petitioner, involved significant non-financial contribution from the respondent and thus entitled her to a share. The respondent was awarded the two plots at Amosima and GHC40,000.00 as financial provision, but not the full alimony sought. Other properties were not proven to be jointly acquired or were not available for distribution.

Court Disposition

Petition for divorce granted; marriage dissolved.

Orders

  • Marriage between the parties dissolved.
  • Custody of the children awarded to the respondent with reasonable access to the petitioner.