OPERTEH VRS TUTU (A5/02/2024) [2024] GHACC 171 (27 March 2024)

OPERTEH VRS TUTU (A5/02/2024) [2024] GHACC 171 (27 March 2024)

The marriage has broken down beyond reconciliation as evidenced by lack of sexual intercourse for over two years, failed reconciliation efforts, and mutual admissions. Grounds under sections 2(1)(b) and (f) of the Matrimonial Causes Act are satisfied. Ancillary reliefs regarding property are moot due to filed terms of settlement. Custody of the child remains with the respondent, maintenance claim dismissed.

Citation
OPERTEH VRS TUTU (A5/02/2024) [2024] GHACC 171 (27 March 2024)
Parties
Petitioner: Dora Oparteh; Respondent: Desmond Tutu
Court
ghacc
Jurisdiction
Ghana
Judgment Date
27 March 2024
Procedural Posture
Divorce Petition / Final Judgment
Outcome
Marriage dissolved; ancillary reliefs regarding property settled by consent; custody of child granted to respondent; maintenance claim dismissed; no order as to costs.
Legal Topics
Divorce, Custody, Maintenance, Distribution of Property
Source Language
eng
Family Law Divorce Custody Maintenance Distribution of Property

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Parties

Dora Oparteh

Petitioner

Desmond Tutu

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Whether the petitioner is entitled to ancillary reliefs

Ratio Decidendi

The marriage has broken down beyond reconciliation as evidenced by lack of sexual intercourse for over two years, failed reconciliation efforts, and mutual admissions. Grounds under sections 2(1)(b) and (f) of the Matrimonial Causes Act are satisfied. Ancillary reliefs regarding property are moot due to filed terms of settlement. Custody of the child remains with the respondent, maintenance claim dismissed.

Court Disposition

Marriage dissolved; ancillary reliefs regarding property settled by consent; custody of child granted to respondent; maintenance claim dismissed; no order as to costs.

Orders

  • Marriage between parties dissolved.
  • Terms of settlement regarding property adopted as consent judgment.