Armah Vrs Apletey [2021] GHADC 4 (23 August 2021)
Both parties agreed the marriage had broken down beyond reconciliation, and evidence showed they had not lived together as husband and wife for almost two years. The court found the requirements under Act 367 satisfied and granted dissolution. Custody was determined in the best interests of the children, and a lump sum was awarded to the respondent for her contributions during the marriage.
- Citation
- [2021] GHADC 4
- Parties
- Petitioner: Thomas Armah; Respondent: Edinam Aplety
- Court
- District Court
- Jurisdiction
- Ghana
- Judgment Date
- 23 August 2021
- Procedural Posture
- Divorce Petition / Judgment
- Outcome
- petition allowed in part
- Legal Topics
- Divorce, Custody of Children, Matrimonial Property, Maintenance, Lump Sum Payment
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Thomas Armah
Petitioner
Edinam Aplety
Respondent
Procedural Posture
Divorce Petition / Judgment
Legal Issues
- 1 Whether the marriage has broken down beyond reconciliation
- 2 Whether the petitioner is entitled to custody of the three children
- 3 Whether the petitioner gave the respondent a share of the proceeds of the sold property
Ratio Decidendi
Both parties agreed the marriage had broken down beyond reconciliation, and evidence showed they had not lived together as husband and wife for almost two years. The court found the requirements under Act 367 satisfied and granted dissolution. Custody was determined in the best interests of the children, and a lump sum was awarded to the respondent for her contributions during the marriage.
Court Disposition
petition allowed in part
Orders
- Marriage between the parties dissolved
- Petitioner granted custody of three children (Belinda, Philip, Blessing) with reasonable access to respondent during vacations
Full Case Text
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