FORIWAA VRS ASIEDU (BR/DR/DC/A4/01/2022) [2024] GHADC 230 (12 March 2024)

FORIWAA VRS ASIEDU (BR/DR/DC/A4/01/2022) [2024] GHADC 230 (12 March 2024)

The marriage has broken down beyond reconciliation due to respondent's unreasonable behaviour, specifically adultery, and the parties' inability to reconcile after three years of separation. Both cashew farms acquired during the marriage are joint property and must be shared equally. No sufficient proof was provided by respondent regarding the GH₵3,500.00 claim. The purported gift of land to respondent’s mother is invalid without petitioner’s consent. Household chattels are to be divided as specified.

Citation
FORIWAA VRS ASIEDU (BR/DR/DC/A4/01/2022) [2024] GHADC 230 (12 March 2024)
Parties
Petitioner: Beatrice Foriwaa; Respondent: Collins Asiedu
Court
ghadc
Jurisdiction
Ghana
Judgment Date
12 March 2024
Procedural Posture
Divorce Petition and Cross Petition / Final Judgment
Outcome
marriage dissolved; assets divided; no costs awarded
Legal Topics
Divorce, Matrimonial Property, Division of Assets, Alimony, Custody, Unreasonable Behaviour, Adultery
Source Language
eng
Family Law Divorce Matrimonial Property Division of Assets Alimony Custody Unreasonable Behaviour Adultery

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Parties

Beatrice Foriwaa

Petitioner

Collins Asiedu

Respondent

Procedural Posture

Divorce Petition and Cross Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Whether the parties acquired two separate cashew farms during the marriage for which the respondent claims a fair share
  3. 3 Whether respondent gave GH₵3,500.00 to petitioner for safe keeping but petitioner used same for her benefit without respondent's consent

Ratio Decidendi

The marriage has broken down beyond reconciliation due to respondent's unreasonable behaviour, specifically adultery, and the parties' inability to reconcile after three years of separation. Both cashew farms acquired during the marriage are joint property and must be shared equally. No sufficient proof was provided by respondent regarding the GH₵3,500.00 claim. The purported gift of land to respondent’s mother is invalid without petitioner’s consent. Household chattels are to be divided as specified.

Court Disposition

marriage dissolved; assets divided; no costs awarded

Orders

  • Marriage between parties dissolved; marriage certificate cancelled
  • Two cashew farms (4 acres and 1.5 acres) to be shared equally between parties by 31/03/2024