Ghana Judgment

Circuit Court

MERCY YEBOAH KUMI VRS BLESSING IHEOMA (C5/103/2023) [2023] GHACC 1116 (7 June 2023)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The marriage is dissolved on the ground of desertion, as the Respondent has not lived with or maintained the Petitioner for over five years, satisfying the statutory requirement for breakdown of marriage beyond reconciliation.

Court disposition

Marriage dissolved

Orders

  • Marriage between the Petitioner and Respondent is dissolved under Section 1(2) of the Matrimonial Cause Act.

02

Material facts

Parties

Mercy Yeboah Kumi

Petitioner Counsel: Andrews Fiadome for Robertson Kpatsa Esq.

Blessing Iheoma

Respondent

03

Procedural history

  1. Posture

    Matrimonial Cause / Judgment

04

Questions and positions

Legal issues

Whether the marriage has broken down beyond reconciliation due to desertion

Party arguments

Applicant
The Respondent deserted the Petitioner and has not lived with or maintained her for over five years, leading to the breakdown of the marriage.
Respondent
No argument presented; Respondent absent.

05

Court’s reasoning

  1. 01

    Section 2(1)(e) Matrimonial Cause Act

    A marriage may be dissolved if it has broken down beyond reconciliation due to desertion for a continuous period of at least two years preceding the presentation of the petition.

  2. 02

    Section 1(2) Matrimonial Cause Act

    The court may dissolve a marriage under the grounds provided by statute, but will not grant annulment unless specifically sought and justified.

06

Ratio, limits and disposition

Ratio decidendi

The marriage is dissolved on the ground of desertion, as the Respondent has not lived with or maintained the Petitioner for over five years, satisfying the statutory requirement for breakdown of marriage beyond reconciliation.

Obiter and limits

  • The court refrained from making an order of annulment because it was not sought and its effect is different from dissolution.
  • Non-consummation was not exactly stated in the petition.

Court disposition

Marriage dissolved

  • Marriage between the Petitioner and Respondent is dissolved under Section 1(2) of the Matrimonial Cause Act.

Source and reliance status

Circuit Court

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Judgment reading view

Judgment text

The complete available source text.

Source document

Circuit Court

Judgment

[2023] GHACC 1116

IN THE CIRCUIT COURT “11” HELD AT ACCRA ON 7TH JUNE, 2023, BEFORE HIS HONOUR ISAAC OHENEBA-KUFFOUR SUIT No. C5/103/2023

MERCY YEBOAH KUMI

V

BLESSING IHEOMA 10:25am Parties absent Andrews Fiadome for Robertson Kpatsa Esq. for Petitioner By Court: The evidence on record is undisputed in supporting the Petitioner’s relief for the dissolution of the marriage. Indeed, the evidence suggests that the Parties did not have any intimacy after the marriage within the brief they lived together before the Respondent went to live in the USA in 2015. Since then he has not been back to see the Petitioner. Neither does he maintain her. On the ground that the Respondent has deserted the Petitioner, as a result of which the Parties have not been able to live together as husband and wife for over five years precedes the presentation of the petition. The marriage is found to be have broken down beyond reconciliation under section 2(1)(e) and of the Matrimonial Cause Act same is accordingly dissolved under Section 1 (2) of the same Act. I have refrained from making an order of annulment because that is not what the Petitioner sought and the effect is radically different from an order of dissolution. Moreover, the Petitioner did not state non-consummation exactly in her petition. (SGD) H/H ISAAC OHENEBA-KUFFOUR

CIRCUIT COURT JUDGE 2

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Matrimonial Cause Act Section 2(1)(e)

Legislation

Legislation referenced in the available case record.

Matrimonial Cause Act Section 1(2)

Legislation

Legislation referenced in the available case record.

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