Armah Vrs Apletey [2021] GHADC 4 (23 August 2021)

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

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Parties

Thomas Armah

Petitioner

Edinam Aplety

Respondent

Procedural Posture

Divorce Petition / Judgment

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Whether the petitioner is entitled to custody of the three children
  3. 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