Pomaa Vrs Kwofie [2022] GHACC 123 (30 November 2022)

Pomaa Vrs Kwofie [2022] GHACC 123 (30 November 2022)

The marriage has broken down beyond reconciliation and is dissolved. Petitioner failed to prove entitlement to GH¢2000.00 and alimony. Petitioner is entitled to a portion of Respondent’s land and fixtures, but as division in specie is impractical, Respondent is ordered to pay GH¢20000.00 to Petitioner for full ownership. Custody of children remains with Petitioner, with Respondent having reasonable access and continuing maintenance.

Citation
[2022] GHACC 123
Parties
Petitioner: Felicia Pomaa; Respondent: Ebenezer Kwofie
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
30 November 2022
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition allowed in part; marriage dissolved; property settlement ordered; custody and maintenance determined.
Legal Topics
Divorce, Custody of Children, Division of Matrimonial Property, Alimony, Maintenance
Source Language
English
Family Law Divorce Custody of Children Division of Matrimonial Property Alimony Maintenance

Case Brief

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Parties

Felicia Pomaa

Petitioner

Ebenezer Kwofie

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Whether Petitioner is entitled to a share of properties acquired during the marriage
  3. 3 Whether the plot at Newman Estates is a joint property of Respondent and his siblings

Ratio Decidendi

The marriage has broken down beyond reconciliation and is dissolved. Petitioner failed to prove entitlement to GH¢2000.00 and alimony. Petitioner is entitled to a portion of Respondent’s land and fixtures, but as division in specie is impractical, Respondent is ordered to pay GH¢20000.00 to Petitioner for full ownership. Custody of children remains with Petitioner, with Respondent having reasonable access and continuing maintenance.

Court Disposition

Petition allowed in part; marriage dissolved; property settlement ordered; custody and maintenance determined.

Orders

  • Marriage between parties dissolved as of 30th November 2022.
  • Respondent to pay GH¢20000.00 to Petitioner for full ownership of properties.