Simon Yao Blasu Vr Benedicta Peace Epton [2022] GHACC 112 (25 November 2022)

Simon Yao Blasu Vr Benedicta Peace Epton [2022] GHACC 112 (25 November 2022)

The respondent's refusal to consummate the marriage was wilful and without just cause, rendering the marriage voidable under section 13(2)(a) of the Matrimonial Causes Act, 1971 (Act 367). The evidence was unchallenged and the respondent failed to provide any justification for her refusal.

Citation
[2022] GHACC 112
Parties
Petitioner: Simon Yao Blasu; Respondent: Benedicta Peace Epton
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
25 November 2022
Procedural Posture
Petition for Annulment of Marriage / Judgment
Outcome
petition granted; marriage annulled
Legal Topics
Annulment of Marriage, Non Consummation, Wilful Refusal
Source Language
English
Family Law Annulment of Marriage Non Consummation Wilful Refusal

Case Brief

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Parties

Simon Yao Blasu

Petitioner

Benedicta Peace Epton

Respondent

Procedural Posture

Petition for Annulment of Marriage / Judgment

Legal Issues

  1. 1 Whether the respondent has willfully refused to consummate the marriage celebrated between the parties.

Ratio Decidendi

The respondent's refusal to consummate the marriage was wilful and without just cause, rendering the marriage voidable under section 13(2)(a) of the Matrimonial Causes Act, 1971 (Act 367). The evidence was unchallenged and the respondent failed to provide any justification for her refusal.

Court Disposition

petition granted; marriage annulled

Orders

  • Decree of nullity granted for the annulment of the marriage celebrated on 16th November, 2019 at Good Shepherd Catholic Church, Community 2, Tema.
  • Petitioner to present the original marriage certificate for cancellation by the Registrar of the Court.