NSIAH VRS EFISAH (CCD/C4/28/23) [2023] GHACC 775 (16 January 2023)

The petitioner proved adultery and irreconcilable differences under Section 2(1)(a) and (f) of Act 367, and the respondent did not contest the allegations. The best interest of the child requires custody to the mother, with maintenance and access orders in place.

Citation: [2023] GHACC 775
Parties: Petitioner: Regina Owusu Nsiah; Respondent: Daniel Kofi Efisah
Court: Circuit Court
Jurisdiction: Ghana
Judgment Date: 16 January 2023
Case Number: CCD/C4/28/23
Procedural Posture: Divorce Petition / Final Judgment
Outcome: petition allowed; marriage dissolved
Legal Topics: Divorce, Child Custody, Child Maintenance
Source Language: English

Family Law Divorce Child Custody Child Maintenance

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Full judgment text Downloadable case file Legal principles 6 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Regina Owusu Nsiah

Petitioner

Daniel Kofi Efisah

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

1 Whether the marriage has broken down beyond reconciliation and should be dissolved
2 Whether custody of the child should be granted to the petitioner with access to the respondent
3 Whether the respondent should be ordered to maintain the child with a specified amount and pay school and hospital expenses

Ratio Decidendi

Court Disposition

petition allowed; marriage dissolved

Orders

Marriage between the parties dissolved and certificate cancelled
Custody of the child granted to the petitioner with reasonable access to the respondent