NYANTAKYI VRS OFOSUHEMAA (A4/29/2023) [2024] GHADC 292 (7 March 2024)

NYANTAKYI VRS OFOSUHEMAA (A4/29/2023) [2024] GHADC 292 (7 March 2024)

The marriage has broken down beyond reconciliation due to the petitioner's adultery, not respondent's unreasonable behaviour. The property at Manhean was acquired before marriage and is not matrimonial property. Respondent failed to prove contribution to pre-marital property. Financial provision is warranted based on duration of marriage and circumstances.

Citation
NYANTAKYI VRS OFOSUHEMAA (A4/29/2023) [2024] GHADC 292 (7 March 2024)
Parties
Plaintiff/petitioner: Raymond Osei Nyantakyi; Defendant/respondent: Comfort Ofosuhemaa
Court
ghadc
Jurisdiction
Ghana
Judgment Date
7 March 2024
Procedural Posture
Divorce Petition and Cross Petition / Final Judgment
Outcome
Petition dismissed; cross-petition granted; marriage dissolved.
Legal Topics
Divorce, Matrimonial Property, Alimony, Adultery
Source Language
eng
Family Law Divorce Matrimonial Property Alimony Adultery

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Parties

Raymond Osei Nyantakyi

Plaintiff/petitioner

Comfort Ofosuhemaa

Defendant/respondent

Procedural Posture

Divorce Petition and Cross Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Whether the breakdown was due to unreasonable behaviour or adultery
  3. 3 Entitlement to distribution of property acquired before marriage

Ratio Decidendi

The marriage has broken down beyond reconciliation due to the petitioner's adultery, not respondent's unreasonable behaviour. The property at Manhean was acquired before marriage and is not matrimonial property. Respondent failed to prove contribution to pre-marital property. Financial provision is warranted based on duration of marriage and circumstances.

Court Disposition

Petition dismissed; cross-petition granted; marriage dissolved.

Orders

  • Decree of divorce granted; marriage certificate cancelled.
  • Property at Manhean declared not matrimonial property.