Adjei Vrs Akwerter [2023] GHAHC 65 (31 July 2023)

Adjei Vrs Akwerter [2023] GHAHC 65 (31 July 2023)

The petitioner proved adultery and desertion by the respondent, and parties had not lived as husband and wife for over two years. The marriage was found to have broken down beyond reconciliation, satisfying statutory grounds for dissolution. Respondent failed to prove entitlement to equal share of property or substantial financial provision.

Citation
[2023] GHAHC 65
Parties
Petitioner: Daniel Ofosu Adjei; Respondent: Edith Akwerter
Court
High Court
Jurisdiction
Ghana
Judgment Date
31 July 2023
Procedural Posture
Divorce Petition and Cross Petition / Final Judgment
Outcome
petition and cross-petition for divorce granted; ancillary reliefs partially granted and dismissed
Legal Topics
Divorce, Custody, Maintenance, Matrimonial Property
Source Language
English
Family Law Divorce Custody Maintenance Matrimonial Property

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Parties

Daniel Ofosu Adjei

Petitioner

Edith Akwerter

Respondent

Procedural Posture

Divorce Petition and Cross Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has broken down beyond reconciliation
  2. 2 Whether parties are entitled to their respective reliefs including custody, maintenance, access, financial provision, and property division

Ratio Decidendi

The petitioner proved adultery and desertion by the respondent, and parties had not lived as husband and wife for over two years. The marriage was found to have broken down beyond reconciliation, satisfying statutory grounds for dissolution. Respondent failed to prove entitlement to equal share of property or substantial financial provision.

Court Disposition

petition and cross-petition for divorce granted; ancillary reliefs partially granted and dismissed

Orders

  • Marriage between petitioner and respondent dissolved for irreconcilable differences
  • Custody of three children granted to petitioner with reasonable access to respondent fortnightly during public holidays and vacations