Wolegbe Vrs Kwarteng [2023] GHADC 327 (23 June 2023)

Wolegbe Vrs Kwarteng [2023] GHADC 327 (23 June 2023)

The marriage between the parties is void ab initio due to the respondent's existing marriage at the time of the ceremony, and the respondent's unreasonable behaviour further supports the dissolution. The petitioner proved his case on a balance of probabilities, and the respondent, having been served, failed to respond or participate.

Citation
[2023] GHADC 327
Parties
Petitioner: Emmanuel Kofi Wolegbe; Respondent: Charity Kwarteng
Court
District Court
Jurisdiction
Ghana
Judgment Date
23 June 2023
Procedural Posture
Divorce / Final Judgment
Outcome
petition granted; marriage declared void ab initio
Legal Topics
Divorce, Marriage Validity, Unreasonable Behaviour, Matrimonial Causes
Source Language
English
Family Law Divorce Marriage Validity Unreasonable Behaviour Matrimonial Causes

Case Brief

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Parties

Emmanuel Kofi Wolegbe

Petitioner

Charity Kwarteng

Respondent

Procedural Posture

Divorce / Final Judgment

Legal Issues

  1. 1 Whether the conduct of the respondent is unreasonable to ground dissolution of marriage
  2. 2 Whether the marriage is voidable to ground dissolution of marriage

Ratio Decidendi

The marriage between the parties is void ab initio due to the respondent's existing marriage at the time of the ceremony, and the respondent's unreasonable behaviour further supports the dissolution. The petitioner proved his case on a balance of probabilities, and the respondent, having been served, failed to respond or participate.

Court Disposition

petition granted; marriage declared void ab initio

Orders

  • The marriage celebrated between the petitioner and respondent on 30/6/2022 is dissolved and declared void ab initio.