Addison Vrs Marchant and Another [2023] GHAHC 69 (31 July 2023)

Addison Vrs Marchant and Another [2023] GHAHC 69 (31 July 2023)

The marriage between Petitioner and 1st Respondent has broken down beyond reconciliation due to mutual adultery and prolonged separation; the subsequent marriage between 1st and 2nd Respondent is void and amounts to bigamy as the first marriage was still subsisting.

Citation
[2023] GHAHC 69
Parties
Petitioner: Grace Addison; 1st Respondent: Cyril Marchant; 2nd Respondent: Abigail Marchant
Court
High Court
Jurisdiction
Ghana
Judgment Date
31 July 2023
Procedural Posture
Divorce and Nullity Petition / Judgment
Outcome
Petition allowed; marriage between Petitioner and 1st Respondent dissolved; marriage between 1st and 2nd Respondent annulled; property division per consent judgment.
Legal Topics
Divorce, Nullity of Marriage, Bigamy, Division of Matrimonial Property
Source Language
English
Family Law Divorce Nullity of Marriage Bigamy Division of Matrimonial Property

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Parties

Grace Addison

Petitioner

Cyril Marchant

1st Respondent

Abigail Marchant

2nd Respondent

Procedural Posture

Divorce and Nullity Petition / Judgment

Legal Issues

  1. 1 Whether the marriage between Petitioner and 1st Respondent has broken down beyond reconciliation
  2. 2 Whether the purported marriage between 1st Respondent and 2nd Respondent should be annulled

Ratio Decidendi

The marriage between Petitioner and 1st Respondent has broken down beyond reconciliation due to mutual adultery and prolonged separation; the subsequent marriage between 1st and 2nd Respondent is void and amounts to bigamy as the first marriage was still subsisting.

Court Disposition

Petition allowed; marriage between Petitioner and 1st Respondent dissolved; marriage between 1st and 2nd Respondent annulled; property division per consent judgment.

Orders

  • Marriage between Grace Addison and Cyril Marchant dissolved.
  • Marriage between Cyril Marchant and Abigail Marchant annulled as void.