Offei Vrs Christian [2023] GHADC 598 (27 January 2023)

Offei Vrs Christian [2023] GHADC 598 (27 January 2023)

The marriage has not been consummated and the parties have not lived together as husband and wife for five years preceding the petition. The marriage has irretrievably broken down and is dissolved. Petitioner must refund the outstanding balance of GH¢13,000.00 to respondent, having already repaid GH¢3,000.00 of the GH¢16,000.00 received.

Citation
[2023] GHADC 598
Parties
Petitioner: Mercy Amenni Offei; Respondent: Bright Christian
Court
District Court
Jurisdiction
Ghana
Judgment Date
27 January 2023
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition for dissolution of marriage granted; ancillary relief for refund of part payment granted.
Legal Topics
Dissolution of Marriage, Ancillary Relief, Non Consummation, Restitution of Monies
Source Language
English
Family Law Dissolution of Marriage Ancillary Relief Non Consummation Restitution of Monies

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Parties

Mercy Amenni Offei

Petitioner

Bright Christian

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation
  2. 2 Whether the respondent is entitled to a refund of GH¢16,000.00 paid to the petitioner

Ratio Decidendi

The marriage has not been consummated and the parties have not lived together as husband and wife for five years preceding the petition. The marriage has irretrievably broken down and is dissolved. Petitioner must refund the outstanding balance of GH¢13,000.00 to respondent, having already repaid GH¢3,000.00 of the GH¢16,000.00 received.

Court Disposition

Petition for dissolution of marriage granted; ancillary relief for refund of part payment granted.

Orders

  • Marriage between the parties is dissolved.
  • Petitioner to refund GH¢13,000.00 to respondent.