OLIVIA NANA EKUA APPIAH VRS DERRICK MENSAH (C5/74/21) [2022] GHACC 333 (17 November 2022)

OLIVIA NANA EKUA APPIAH VRS DERRICK MENSAH (C5/74/21) [2022] GHACC 333 (17 November 2022)

Both parties admit marriage breakdown and have lived apart for over a year; diligent attempts at reconciliation have failed; petitioner is capable of providing her own accommodation; custody of the child is best left with respondent for continuity and welfare, with reasonable access to petitioner.

Citation
[2022] GHACC 333
Parties
Petitioner: Olivia Nana Ekua Appiah; Respondent: Derrick Mensah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
17 November 2022
Case Number
C5/74/21
Procedural Posture
Divorce Petition / Final Judgment
Outcome
Petition for dissolution of marriage granted; ancillary reliefs partially granted and partially denied.
Legal Topics
Divorce, Custody of Child, Maintenance, Matrimonial Property
Source Language
English
Family Law Divorce Custody of Child Maintenance Matrimonial Property

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Parties

Olivia Nana Ekua Appiah

Petitioner

Derrick Mensah

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation
  2. 2 Whether the respondent should be ordered to renew the rent of the petitioner
  3. 3 Whether custody of the only issue of the marriage should be granted to the respondent with reasonable access to the petitioner

Ratio Decidendi

Both parties admit marriage breakdown and have lived apart for over a year; diligent attempts at reconciliation have failed; petitioner is capable of providing her own accommodation; custody of the child is best left with respondent for continuity and welfare, with reasonable access to petitioner.

Court Disposition

Petition for dissolution of marriage granted; ancillary reliefs partially granted and partially denied.

Orders

  • Marriage celebrated on 17th December 2016 at Tema Metropolitan Assembly is dissolved.
  • Marriage certificate cancelled; Registrar to notify Marriage Registrar for records amendment.