Paulina Arthur Vrs Carl Allotey [2023] GHACC 72 (25 July 2023)

Paulina Arthur Vrs Carl Allotey [2023] GHACC 72 (25 July 2023)

The marriage has broken down beyond reconciliation as established by the Petitioner's unchallenged evidence of unreasonable behavior and failed reconciliation efforts, satisfying Section 2(1)(b) and (f) of Act 367. The Respondent is also liable to refund Ghc27,000.00 in loans to the Petitioner as the claim was unopposed.

Citation
[2023] GHACC 72
Parties
Petitioner: Paulina Arthur; Respondent: Carl Allotey
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
25 July 2023
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition allowed; marriage dissolved; loan repayment ordered; no order as to costs.
Legal Topics
Divorce, Matrimonial Causes, Loan Recovery, Domestic Violence
Source Language
English
Family Law Divorce Matrimonial Causes Loan Recovery Domestic Violence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Paulina Arthur

Petitioner

Carl Allotey

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 can be compelled to pay an amount of Twenty-seven Thousand Ghana Cedis (Ghc27,000.00) being loans he took from the Petitioner

Ratio Decidendi

The marriage has broken down beyond reconciliation as established by the Petitioner's unchallenged evidence of unreasonable behavior and failed reconciliation efforts, satisfying Section 2(1)(b) and (f) of Act 367. The Respondent is also liable to refund Ghc27,000.00 in loans to the Petitioner as the claim was unopposed.

Court Disposition

Petition allowed; marriage dissolved; loan repayment ordered; no order as to costs.

Orders

  • Marriage between the parties celebrated on 10th January, 2013 is dissolved as of 25th July, 2023.
  • Respondent shall refund Ghc27,000.00 to the Petitioner.