Josephine Baly Vrs Desmond Nyarko [2022] GHACC 56 (21 October 2022)

Josephine Baly Vrs Desmond Nyarko [2022] GHACC 56 (21 October 2022)

The marriage is dissolved as the parties have not lived as husband and wife for over five years immediately preceding the petition and have irreconcilable differences, satisfying the statutory grounds for dissolution under Act 367.

Citation
[2022] GHACC 56
Parties
Petitioner: Josephine Blay; Respondent: Desmond Nyarko
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
21 October 2022
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition for dissolution of marriage granted; marriage dissolved; terms of settlement adopted as consent judgment.
Legal Topics
Divorce, Custody, Maintenance, Matrimonial Property
Source Language
English
Family Law Divorce Custody Maintenance Matrimonial Property

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Parties

Josephine Blay

Petitioner

Desmond Nyarko

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation under the Matrimonial Causes Act, 1971 (Act 367)
  2. 2 Custody and maintenance of the children of the marriage
  3. 3 Division of matrimonial property

Ratio Decidendi

The marriage is dissolved as the parties have not lived as husband and wife for over five years immediately preceding the petition and have irreconcilable differences, satisfying the statutory grounds for dissolution under Act 367.

Court Disposition

Petition for dissolution of marriage granted; marriage dissolved; terms of settlement adopted as consent judgment.

Orders

  • Marriage between the parties dissolved as of 21st October 2022.
  • Custody of the children granted to Petitioner with reasonable access to Respondent.