ODURO VRS ODURO (0) [2024] GHACC 13 (4 January 2024)

ODURO VRS ODURO (0) [2024] GHACC 13 (4 January 2024)

The Court found that the Petitioner failed to prove adultery but established on a preponderance of probabilities that the Respondent's unreasonable behaviour led to the breakdown of the marriage beyond reconciliation. The Court granted dissolution of the marriage, declared Petitioner the owner of the matrimonial home and land, ordered financial provision to Respondent, and granted custody of the minor child to Petitioner with reasonable access to Respondent.

Citation
ODURO VRS ODURO (0) [2024] GHACC 13 (4 January 2024)
Parties
Petitioner: Stephen Oduro; Respondent: Beatrice Oduro
Court
ghacc
Jurisdiction
Ghana
Judgment Date
4 January 2024
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition partly granted
Legal Topics
Divorce, Custody of Children, Matrimonial Property, Financial Provision
Source Language
eng
Family Law Divorce Custody of Children Matrimonial Property Financial Provision

Case Brief

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Parties

Stephen Oduro

Petitioner

Beatrice Oduro

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation
  2. 2 Whether Respondent should be evicted from the matrimonial home and recovery of possession granted to Petitioner
  3. 3 Whether Respondent should be restrained from interfering with Petitioner's enjoyment of his self-acquired properties

Ratio Decidendi

The Court found that the Petitioner failed to prove adultery but established on a preponderance of probabilities that the Respondent's unreasonable behaviour led to the breakdown of the marriage beyond reconciliation. The Court granted dissolution of the marriage, declared Petitioner the owner of the matrimonial home and land, ordered financial provision to Respondent, and granted custody of the minor child to Petitioner with reasonable access to Respondent.

Court Disposition

Petition partly granted

Orders

  • Marriage between the parties dissolved
  • Declaration that Petitioner is owner of the matrimonial home and two plots of land