Grace Vrs Emmanuel [2022] GHADC 71 (17 November 2022)

Grace Vrs Emmanuel [2022] GHADC 71 (17 November 2022)

The marriage has broken down beyond reconciliation due to persistent abuse, separation, and failed reconciliation attempts. The petitioner is entitled to dissolution and an equitable share of properties acquired during the marriage, including a store, a two-bedroom self-contained house, and a financial settlement, based on her contributions during the marriage. Claims for maintenance, recovery of goats, mahogany boards, and certain sums were not proven and are dismissed.

Citation
[2022] GHADC 71
Parties
Petitioner: Borah Manaa Grace; Respondent: Bilingham Emmanuel
Court
District Court
Jurisdiction
Ghana
Judgment Date
17 November 2022
Procedural Posture
Divorce Petition (customary Marriage) / Judgment
Outcome
Petition allowed in part; marriage dissolved; property and financial settlement ordered; other claims dismissed.
Legal Topics
Dissolution of Customary Marriage, Matrimonial Property, Maintenance, Equitable Distribution
Source Language
English
Family Law Dissolution of Customary Marriage Matrimonial Property Maintenance Equitable Distribution

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Parties

Borah Manaa Grace

Petitioner

Bilingham Emmanuel

Respondent

Procedural Posture

Divorce Petition (customary Marriage) / Judgment

Legal Issues

  1. 1 Whether the marriage between Petitioner and Respondent has broken down beyond reconciliation
  2. 2 Whether the parties have been married for twenty-two years as at the date this action was instituted
  3. 3 Whether there were properties acquired during the marriage

Ratio Decidendi

The marriage has broken down beyond reconciliation due to persistent abuse, separation, and failed reconciliation attempts. The petitioner is entitled to dissolution and an equitable share of properties acquired during the marriage, including a store, a two-bedroom self-contained house, and a financial settlement, based on her contributions during the marriage. Claims for maintenance, recovery of goats, mahogany boards, and certain sums were not proven and are dismissed.

Court Disposition

Petition allowed in part; marriage dissolved; property and financial settlement ordered; other claims dismissed.

Orders

  • Dissolution of the customary marriage between the parties
  • Petitioner awarded the store on Dambai main road