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
Case Brief
Summary, issues, holding and outcome
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Parties
Patience Emefa Amexo
Petitioner
Daniel Yao Mensah Do
Respondent
Procedural Posture
Divorce Petition / Judgment
Legal Issues
- 1 Whether the marriage between the parties has broken down beyond reconciliation
- 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.
Full Case Text
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