BOIQUAYE VRS BUTON (A8/34/22) [2024] GHADC 49 (23 February 2024)

BOIQUAYE VRS BUTON (A8/34/22) [2024] GHADC 49 (23 February 2024)

The marriage has broken down beyond reconciliation due to the petitioner's desertion of the respondent and the children for over five years without consent or reasonable cause, satisfying Section 2(1)(c) and (e) of Act 367. The respondent is entitled to dissolution, custody of the minor children, and a fair financial settlement. Both parties share responsibility for the children's maintenance, with the petitioner to pay monthly maintenance and alimony, and the respondent to provide accommodation and daily needs.

Citation
BOIQUAYE VRS BUTON (A8/34/22) [2024] GHADC 49 (23 February 2024)
Parties
Petitioner: Moses Nii Okai-Koi Boiquaye; Respondent: Doris Atsere Buxton
Court
ghadc
Jurisdiction
Ghana
Judgment Date
23 February 2024
Procedural Posture
Divorce Petition / Final Judgment
Outcome
Petition for dissolution of marriage granted; marriage dissolved.
Legal Topics
Divorce, Custody, Maintenance, Alimony, Child Welfare
Source Language
eng
Family Law Divorce Custody Maintenance Alimony Child Welfare

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Parties

Moses Nii Okai-Koi Boiquaye

Petitioner

Doris Atsere Buxton

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Whether the petitioner ought to be responsible for the children’s maintenance and accommodation
  3. 3 Whether the respondent is entitled to be paid GH¢50,000.00 as financial settlement

Ratio Decidendi

The marriage has broken down beyond reconciliation due to the petitioner's desertion of the respondent and the children for over five years without consent or reasonable cause, satisfying Section 2(1)(c) and (e) of Act 367. The respondent is entitled to dissolution, custody of the minor children, and a fair financial settlement. Both parties share responsibility for the children's maintenance, with the petitioner to pay monthly maintenance and alimony, and the respondent to provide accommodation and daily needs.

Court Disposition

Petition for dissolution of marriage granted; marriage dissolved.

Orders

  • Custody of Josephine Boiquaye and Jehoshua Boiquaye granted to respondent with reasonable access to petitioner.
  • Petitioner to maintain the three younger children monthly at GH¢1,000.00 and pay educational and health expenses of school-going children.