Margaret Adjeley Botchway Vrs Edwin Odoi Botchway [2023] GHACC 522 (21 July 2023)

Margaret Adjeley Botchway Vrs Edwin Odoi Botchway [2023] GHACC 522 (21 July 2023)

The parties have not lived as husband and wife for at least 25 years, satisfying the statutory ground for divorce under section 2(1)(e) of the Matrimonial Causes Act, 1971 (Act 367), and the marriage has broken down beyond reconciliation.

Citation
[2023] GHACC 522
Parties
Petitioner: Margaret Adjeley Botchway; Respondent: Edwine Odoi Botchway
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
21 July 2023
Procedural Posture
Divorce Petition / Judgment
Outcome
petition granted; marriage dissolved
Legal Topics
Divorce, Matrimonial Causes, Breakdown of Marriage, Non Cohabitation
Source Language
English
Family Law Divorce Matrimonial Causes Breakdown of Marriage Non Cohabitation

Case Brief

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Parties

Margaret Adjeley Botchway

Petitioner

Edwine Odoi Botchway

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation under section 2(1)(e) of the Matrimonial Causes Act, 1971 (Act 367)

Ratio Decidendi

The parties have not lived as husband and wife for at least 25 years, satisfying the statutory ground for divorce under section 2(1)(e) of the Matrimonial Causes Act, 1971 (Act 367), and the marriage has broken down beyond reconciliation.

Court Disposition

petition granted; marriage dissolved

Orders

  • The marriage between Margaret Adjeley Botchway and Edwine Odoi Botchway celebrated on January 8, 1994, is dissolved.
  • A decree of divorce is granted.