Fati Vrs Bernard [2023] GHADC 133 (26 April 2023)

Fati Vrs Bernard [2023] GHADC 133 (26 April 2023)

The marriage has broken down beyond reconciliation as Petitioner vacated the matrimonial home without Respondent's consent and the parties failed to reconcile. The Goaso property was solely built by Respondent, and the Fiapre property predated the marriage. Petitioner is entitled to alimony and property settlement, but not a share of the properties.

Citation
[2023] GHADC 133
Parties
Petitioner: Abdul Fati; Respondent: Boakye Manu Bernard
Court
District Court
Jurisdiction
Ghana
Judgment Date
26 April 2023
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition allowed; marriage dissolved.
Legal Topics
Divorce, Matrimonial Property, Child Custody, Alimony, Maintenance
Source Language
English

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Parties

Abdul Fati

Petitioner

Boakye Manu Bernard

Respondent

Procedural Posture

Divorce Petition / Judgment

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Whether the matrimonial six bedrooms house at Goaso was built during the subsistence of the marriage
  3. 3 Whether the Petitioner contributed to the building of the Goaso six bedrooms house

Ratio Decidendi

The marriage has broken down beyond reconciliation as Petitioner vacated the matrimonial home without Respondent's consent and the parties failed to reconcile. The Goaso property was solely built by Respondent, and the Fiapre property predated the marriage. Petitioner is entitled to alimony and property settlement, but not a share of the properties.

Court Disposition

Petition allowed; marriage dissolved.

Orders

  • Respondent to pay alimony of GHc20,000.00 to Petitioner
  • Respondent to pay GHc30,000.00 to Petitioner as property settlement