ODOOM VRS AFFISAAH (C5/78/2024) [2024] GHACC 255 (17 July 2024)

ODOOM VRS AFFISAAH (C5/78/2024) [2024] GHACC 255 (17 July 2024)

The marriage is dissolved because the petitioner’s unchallenged evidence established unreasonable behaviour by the respondent, satisfying Section 2(1)(b) of Act 367, and the respondent’s failure to contest or adduce evidence resulted in acceptance of petitioner’s facts.

Citation
ODOOM VRS AFFISAAH (C5/78/2024) [2024] GHACC 255 (17 July 2024)
Parties
Petitioner: Judicial Odoom; Respondent: Daniel Affisaah
Court
ghacc
Jurisdiction
Ghana
Judgment Date
17 July 2024
Procedural Posture
Divorce Petition / Final Judgment
Outcome
petition granted; marriage dissolved
Legal Topics
Divorce, Unreasonable Behaviour, Burden of Proof
Source Language
eng
Family Law Divorce Unreasonable Behaviour Burden of Proof

Case Brief

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Parties

Judicial Odoom

Petitioner

Daniel Affisaah

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation due to unreasonable behaviour
  2. 2 Whether the petitioner has discharged the burden of proof for dissolution

Ratio Decidendi

The marriage is dissolved because the petitioner’s unchallenged evidence established unreasonable behaviour by the respondent, satisfying Section 2(1)(b) of Act 367, and the respondent’s failure to contest or adduce evidence resulted in acceptance of petitioner’s facts.

Court Disposition

petition granted; marriage dissolved

Orders

  • Marriage Certificate No. AC/LB/149 with Licence No. AMA 101906026/2019 cancelled
  • Parties to bear their own legal costs