Monica Acheampong Vrs Stephen Kwame Owusu [2023] GHACC 516 (27 January 2023)

Monica Acheampong Vrs Stephen Kwame Owusu [2023] GHACC 516 (27 January 2023)

Section 41 of the Matrimonial Causes Act 1971, Act 367, does not require family notification as a condition precedent to filing a petition for dissolution of a customary law marriage. The Petitioner has satisfied all legal requirements to invoke the court's jurisdiction.

Citation
[2023] GHACC 516
Parties
Petitioner/respondent: Monica Acheampong; Respondent/applicant: Stephen Kwame Owusu
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
27 January 2023
Procedural Posture
Matrimonial Cause (divorce Petition) / Ruling on Preliminary Application to Dismiss Petition
Outcome
Application to dismiss petition refused
Legal Topics
Customary Marriage, Dissolution of Marriage, Jurisdiction, Procedural Requirements
Source Language
English
Family Law Customary Marriage Dissolution of Marriage Jurisdiction Procedural Requirements

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Parties

Monica Acheampong

Petitioner/respondent

Stephen Kwame Owusu

Respondent/applicant

Procedural Posture

Matrimonial Cause (divorce Petition) / Ruling on Preliminary Application to Dismiss Petition

Legal Issues

  1. 1 Whether the petition for dissolution of a customary law marriage is irregular for lack of family notification
  2. 2 Whether Section 41 of the Matrimonial Causes Act 1971, Act 367, requires family notification as a condition precedent

Ratio Decidendi

Section 41 of the Matrimonial Causes Act 1971, Act 367, does not require family notification as a condition precedent to filing a petition for dissolution of a customary law marriage. The Petitioner has satisfied all legal requirements to invoke the court's jurisdiction.

Court Disposition

Application to dismiss petition refused

Orders

  • Case to proceed in normal course
  • Cost of GH₵2,000.00 awarded against the Applicant