REYNOLDS VRS AGYEKUM-AMFO (A8/121/23) [2023] GHADC 910 (6 October 2023)

REYNOLDS VRS AGYEKUM-AMFO (A8/121/23) [2023] GHADC 910 (6 October 2023)

The petitioner failed to prove her allegations with positive evidence or cross-examination. The respondent's cross-petition was unchallenged and supported by evidence, establishing desertion by the petitioner. Both parties agreed the marriage had broken down beyond reconciliation. The marriage was dissolved and terms of settlement adopted for ancillary reliefs.

Citation
[2023] GHADC 910
Parties
Petitioner: Charlotte Reynolds; Respondent: Emmanuel Agyekum-Amfo
Court
District Court
Jurisdiction
Ghana
Judgment Date
6 October 2023
Case Number
A8/121/23
Procedural Posture
Divorce Petition and Cross Petition / Final Judgment
Outcome
marriage dissolved; terms of settlement adopted as consent judgment
Legal Topics
Divorce, Custody, Maintenance, Matrimonial Property
Source Language
English
Family Law Divorce Custody Maintenance Matrimonial Property

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Parties

Charlotte Reynolds

Petitioner

Emmanuel Agyekum-Amfo

Respondent

Procedural Posture

Divorce Petition and Cross Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation under Section 1(2) Matrimonial Causes Act, 1971 (Act 367)
  2. 2 Whether the petitioner or respondent established grounds for dissolution (unreasonable behaviour, desertion)
  3. 3 Ancillary reliefs including custody, maintenance, and property

Ratio Decidendi

The petitioner failed to prove her allegations with positive evidence or cross-examination. The respondent's cross-petition was unchallenged and supported by evidence, establishing desertion by the petitioner. Both parties agreed the marriage had broken down beyond reconciliation. The marriage was dissolved and terms of settlement adopted for ancillary reliefs.

Court Disposition

marriage dissolved; terms of settlement adopted as consent judgment

Orders

  • Marriage between the parties celebrated on 10th February 2018 is dissolved and certificate cancelled
  • Terms of settlement filed on 14th April 2023 adopted as consent judgment for all ancillary reliefs