Amexo Vrs Mensah Do [2023] GHADC 684 (31 July 2023)

Amexo Vrs Mensah Do [2023] GHADC 684 (31 July 2023)

The marriage was dissolved because the evidence established that the parties had not lived as husband and wife for over four years, indicating a breakdown beyond reconciliation. The claim for maintenance arrears was dismissed for lack of proof. Custody was granted to the Petitioner with reasonable access to the Respondent, and the Respondent was ordered to pay monthly maintenance and other expenses for the children. The matrimonial property is to be shared equally between the children.

Citation
[2023] GHADC 684
Parties
Petitioner: Patience Emefa Amexo; Respondent: Daniel Yao Mensah Do
Court
District Court
Jurisdiction
Ghana
Judgment Date
31 July 2023
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition allowed in part; marriage dissolved; some claims dismissed.
Legal Topics
Divorce, Maintenance, Custody, Matrimonial Property
Source Language
English

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Parties

Patience Emefa Amexo

Petitioner

Daniel Yao Mensah Do

Respondent

Procedural Posture

Divorce Petition / Judgment

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation
  2. 2 Whether the Petitioner is entitled to maintenance arrears of GH¢50,000

Ratio Decidendi

The marriage was dissolved because the evidence established that the parties had not lived as husband and wife for over four years, indicating a breakdown beyond reconciliation. The claim for maintenance arrears was dismissed for lack of proof. Custody was granted to the Petitioner with reasonable access to the Respondent, and the Respondent was ordered to pay monthly maintenance and other expenses for the children. The matrimonial property is to be shared equally between the children.

Court Disposition

Petition allowed in part; marriage dissolved; some claims dismissed.

Orders

  • Marriage between the parties dissolved.
  • Custody of the children granted to the Petitioner with reasonable access to Respondent.