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
Case Brief
Summary, issues, holding and outcome
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Parties
Abdul Fati
Petitioner
Boakye Manu Bernard
Respondent
Procedural Posture
Divorce Petition / Judgment
Legal Issues
- 1 Whether the marriage has broken down beyond reconciliation
- 2 Whether the matrimonial six bedrooms house at Goaso was built during the subsistence of the marriage
- 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
Full Case Text
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