Komashi Vrs Dzagbla [2022] GHADC 237 (24 October 2022)

Komashi Vrs Dzagbla [2022] GHADC 237 (24 October 2022)

The Petitioner proved unreasonable behaviour by the Respondent, including verbal and physical abuse, which was unchallenged. The court found the marriage had broken down beyond reconciliation and granted the divorce.

Citation
[2022] GHADC 237
Parties
Petitioner: Charlotte Komashi; Respondent: Bismark Dzagbla
Court
District Court
Jurisdiction
Ghana
Judgment Date
24 October 2022
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition granted; marriage dissolved.
Legal Topics
Divorce, Dissolution of Marriage, Unreasonable Behaviour, Adultery, Physical Abuse
Source Language
English
Family Law Divorce Dissolution of Marriage Unreasonable Behaviour Adultery Physical Abuse

Case Brief

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Parties

Charlotte Komashi

Petitioner

Bismark Dzagbla

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation under the Matrimonial Causes Act, 1971 (Act 367)
  2. 2 Whether the Respondent's behaviour constitutes unreasonable behaviour justifying divorce
  3. 3 Whether adultery or other grounds are established

Ratio Decidendi

The Petitioner proved unreasonable behaviour by the Respondent, including verbal and physical abuse, which was unchallenged. The court found the marriage had broken down beyond reconciliation and granted the divorce.

Court Disposition

Petition granted; marriage dissolved.

Orders

  • The marriage between the parties celebrated on 17th November, 2018 is hereby dissolved.
  • Costs of GHS1,000.00 awarded in favour of the Petitioner.